PROGRESS
MICTOR JLIEYANS @(CO;
__ -sWASHINGTON:D-C:
The Cost of a Patent
in the United States
ol lies minimum cost of filing an application for
patent through our firm is $85.00, which may be
made in three payments, as the case progresses in our
office, thus making the payments much easier for the
inventor.
IMPORTANT—TO SAVE TIME
HEN an inventor wishes the appli-
Fi cation filed without delay, he should
Irst have his case made special in our
Payment office to secure protection, save correspon-
$25.00 dence and secure early filing date in Patent
Ss Office. He should send us a model, sketch
or photograph with a description of his
invention, together with $25.00 on account. We will make an
examination of the U. S. Patent Office records to learn whether
or not, in our opinion, the invention is patentable. If it is we
will promptly prepare the official drawings and forward them
for approval. If the invention is not patentable we will return
the amount paid less the cost for the search.
PON receipt of a favorable search
Second report and copies of the official
drawings, the inventor should then
Payment remit $30.00 on account of the attorney’s
$30.00 fee in a minimum case. On receipt of
this amount we will prepare the petition
specifications, claims and oath, forming
the application papers, and forward them to the inventor for
his approval and signature.
HE application papers should then
Third be returned to us duly signed and
witnessed together with $30.00 Gov-
Payment ernment Filing Fee and the application
$30.00 papers will then be filed in U. S. Patent
Office in a minimum case. It is advisable
to file the case in U. S. Patent Office as
early as possible to gain priority in filing over those who may
be working along the same line.
The Final Government Fee of $30.00 is not due until after
the application has been allowed. This fee may be paid at that
time or at any time within six months after date of notice of
allowance. r
If a preliminary search of the U. S. Patent Office records
only is desired, send $5.00 with data showing your invention.
In some classes the cost of the search will be more than $5.00.
How to Obtain a
PATENT
A Complete Compendium of Useful information for Inventors
Regarding United States Patents, Foreign Patents,
Trade-Marks and Copyrights
VICTOR J. EVANS & COMPANY
REGISTERED PATENT ATTORNEYS
> 0<
ESTABLISHED 1898
>> <4
WASHINGTON OFFICE
Victor Building
726 9th St. N.W.
Washington, D. C.
New York OFFICE CuIcAaco OFFICE PHILADELPHIA OFFICE
Woolworth Building Conway Building Fidelity Philadelphia Trust Bldg.
233 Broadway 111 W. Washington St. 135 South Broad St.
PITTSBURGH OFFICE San FRANcIsco OFFICE Los ANGELES OFFICE
Empire Building Hobart Building Security Building
501-507 Liberty Avenue 582 Market Street 510 S. Spring Street
If convenient, we suggest that you call at our nearest office.
DECEASED
Founder of the business of
VICTOR J. EVANS & COMPANY
] HE object of this publica-
tion is to give full infor-
mation as to the steps
ES necessary to secure letters
patent in this and foreign countries;
and to present facts and advice upon
questions affecting the rights of in-
ventors.
Letters written in the ordinary
course of business, in reply to in-
quiries, are necessarily too brief to
impart all of the information which
it is desirable that an inventor should
have before proceeding to apply for
letters patent. We regard it as im-
portant that an inventor should have
full knowledge of the character of
work his attorney will be called upon
to perform, and of the manner in
which his interests may be affected by
incompetent or careless execution of
that work, so that at the outset he
may have that knowledge which is
frequently acquired by experience
when it is too late to be of advantage.
If the inventor has not time to read
and digest the contents of this book,
he can preserve it for future refer-
ence, and write us, sending a sketch or
model and description of his inven-
tion. We will then give our opinion
as to whether the invention comes
within the Patent Office definition of a patentable invention, and, if so, give the necessary
instructions to protect his interests.
ESTABLISHED OVER THIRTY
YEARS
Our large experienced organization was
established 1898 and offers Prompt, Effi-
cient and Personal Service by experienced
patent lawyers and draftsmen. Each case
is in charge of a specialist who has been
selected for his knowledge and experience in
a particular class of invention. In selecting
them, great care is exercised and our aim is
to secure and retain the best talent avail-
able. The field of invention is so vast that
it is impossible for any one man to become
an expert in every class of invention.
PROMPT SERVICE
We have every facility for the prompt
and efficient transaction of all matters relat-
ing to patents. As we are located in Wash-
ington, D. C., where the entire patent busi-
ness of the United States is transacted, we
are in position to give more prompt service
than attorneys located outside of Washing-
ton. Personal arguments and interviews
with the Examiners of the Patent Office,
when necessary, form a part of our pro-
cedure in patent prosecutions and enable
us to avoid the delays caused by correspond-
ence between the Patent Office and outside
attorneys, and thereby in some cases secure
results in much less time than such attorneys.
Page three
VICTOR JV. EVANS &€ COMPANY, PATENT ATTORNEYS
OUR SYSTEM
T IS OUR policy to
secure patents as
promptly as possible,
with special regard to
the legal protection of
the invention. Our sys-
tem of securing patents,
coupled with fair dealing
and expert services in the
preparation and prosecu-
tion of our clients’ cases has resulted in
a patent business to which we point with
pride. The success of many of our
clients constitutes such clients as adver-
tisers, and much of our business is
secured through the personal endorse-
ment of satisfied clients, which is the
strongest possible recommendation of
the value of our services.
In furtherance of our policy we em-
ploy a staff of trained men who are
capable of handling in an efficient man-
ner all classes of work entrusted to us by
our clients.
One group of men handle all exami-
nations of the Patent Office records
relating to patents, trade-marks, designs
etc., and is in charge of an experienced
man to whom all the reports of the
examinations are submitted for final
review and opinion as to probable pat-
entability or registerability of the matter
submitted.
Another division includes a number
of experienced patent solicitors who
have been selected for their special
knowledge and ability in certain classes
of invention. To this division is assigned
the preparation of all applications for
patents, designs and trade-marks, etc.,
as well as the prosecution of all cases
before the Patent Office which are en-
trusted to us. It is by specializing in
this manner that we have secured our
professional standing and reputation as
patent attorneys.
In a third division the official Patent
Office drawings required are prepared
by our skilled draftsmen from models,
sketches, photos and descriptions of the
inventions submitted and preserved in our
secret archives.
We are fully competent to handle all
questions relating to matters within the
jurisdiction of the Patent Office and
Courts such as interferences, appeals to
the Board of Appeals, the Commissioner
and the Court of Customs and Patent
Appeals, infringement and unfair com-
petition suits. We also handle the
preparation of all classes of legal docu-
ments relating to patents and trade-marks,
including assignments, license agreements
and similar contracts.
All matters pertaining to the prepara-
tion and prosecution of patent, design,
and trade-mark cases in foreign coun-
tries are handled by our division having
charge of these matters in conjunction
with our agents who are located at the
capitals of the various foreign countries.
Page four
VICTOR J. EVANS & COMPANY. PATENT ATTORNEYS
n
UE SEEE EE AHL
a th
THE LIBRARY, VICTOR J. EVANS & CO.
ay We
jus as aa
OUR LEGAL SERVICE
Our Patent Lawyers are entitled to practice before the
Supreme Court of the United States
The Supreme Court of the District of Columbia
Court of Appeals, District of Columbia
The Court of Customs and Patent Appeals
The U. S. District Courts
and The U. S. Circuit Courts of Appeal
Page five
VICTOR JV. EVANS & COMPANY, PATENT ATTORNEYS
OUR SERVICE
E WILL be glad at any
time to advise our clients in
regard to necessary actions
in patent, design or trade-
mark matters, and will also
inform them as to whether or not an
invention is covered by the patent laws,
upon receipt of sufficient data to enable
us to understand the invention, such as
a model, photo or sketch and description
of the invention. We have for the pro-
tection of the inventor’s rights provided
an “EVIDENCE OF CONCEPTION”
in the form of a blank upon which the
inventor can make his drawing or sketch
and write the description of the invention
and have the same properly witnessed
by parties on whom he can place some
reliance and to whom the invention is
fully disclosed. This RECORD OF
INVENTION BLANK, if preserved will
be useful as documentary evidence re-
lating to conception and disclosure and
may be of material advantage in estab-
lishing the inventor’s dates.
OUR STAFF—PERSONAL SERVICE
The field of invention is so vast that
it is impossible for any one man to
become an expert in all the different
classes of invention. Only those prac-
tically skilled in the class to which the
invention relates are capable of render-
ing efficient service. For this reason
Victor J. Evans & Co. employ a num-
ber of experienced patent lawyers,
solicitors and draftsmen who have been
selected for their special knowledge
and ability in certain lines of invention.
If the invention relates to Farming
Machinery or implements the specifi-
Page six
cation and claims are prepared and the
application prosecuted in the United
States Patent Office by one who has
devoted years to this class of inven-
tions. The inventions submitted to
them relating to Electricity are handled
by men who are skilled in the electrical
art. The Automobile and Gas Engine
art is in the hands of another who has
devoted years of study to this class of
invention and is also able to assist the
inventor to develop his ideas. Others
have charge of inventions relating to
Aeroplanes and are considered qualified
to properly protect this class of inven-
tions and assist inventors in the practical
embodiment of their ideas. The for-
eign patent, trade-mark and drafting
departments are each in charge of a
chief who is experienced in his special
line. In assigning men to special arts, we
are but following the practice of the
United States Patent Office. Realizing
the impossibility of any one man
having a general knowledge sufficient
to handle all classes of cases, the
Patent Office is divided into over
sixty divisions, each handling several
classes of inventions. Messrs. Victor
J. Evans & Company place a particular
invention from the time it is sub-
mitted until the patent is secured in
the hands of men most experienced in
the class to which the invention
relates, thus securing the best possible
services.
Our organization offers personal ser-
vice by registered attorneys and drafts-
men of long and varied experience who
will give your patent business special
attention.
DEPARTMENT OF COMMERCE BUILDING
IN WHICH THE PATENT OFFICE
IS NOW LOCATED
Page seven
VICTOR J. EVANS &€ COMPANY, PATENT ATTORNEYS
OUR BUILDING [—
E OCCUPY the
sixth floor and
other space in
our own building, the
Victor Building, Nos.
724-732 Ninth Street
N.W. (at the corner
of Ninth Street and
Grant Place).
Owing to the growth
of our business we con-
structed this building
to place at the dis-
posal of our clients
every facility for the
prompt and_ efficient
handling of their pat-
ent matters.
The preservation of
all records was one of
the main considerations
in the erection of this
structure, which is
absolutely fireproof
throughout. Every con-
venience has been pro-
vided for visiting
clients, including steno-
graphic service.
Inventors _ visiting
Washington are cor-
dially invited to inspect
Mh
OUR WASHINGTON OFFICE
VICTOR BUILDING
|
; ee me so
Ea
OUR SAN FRANCISCO OFFICE
1010 HOBART BUILDING
our building and also
to make our Offices
their Headquarters, and
have their mail ad-
dressed there.
Our New York, Philadelphia, Pittsburgh,
Chicago and San Francisco Offices
Owing to the growth of our business
we have established for the benefit of
Page eight
OUR CHICAGO OFFICE
1640-1642 Conway BuiLpine
our clients a Branch Office at Suite
1001-1007 Woolworth Building, 233
Broadway, New York City, and a branch
office at 828 Fidelity Philadelphia Trust
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
Ill., and a branch office at
| 828 FIDELITY PHILADELPHIA
TRUST BUILDING
OUR PITTSBURGH OFFICE
514 EMPIRE BUILDING
,~| | OUR NEW YORK OFFICE
-|| 1007 WOOLWORTH BLDG
OUR MAIN AND BRANCH OFFICES
We own our Washington Office Building and lease space in
the other buildings.
>< --
Building, 135 South Broad Street, Phila-
delphia, Pa.; also a branch office at Suite
514 Empire Building, 501-507 Liberty
Avenue, Pittsburgh, Pa., a branch office
at Suite 1640-1642 Conway Building,
111 West Washington St., Chicago,
Suite 1010 Hobart Build-
ing, 582 Market Street,
San Francisco, Calif.
These branch offices be-
ing located in these large
commercial cities _to-
gether with our Main
Office located near the
U. S. Patent Office, in
Washington, enables us
to co-operate and more
promptly handle the busi-
ness of our clients, par-
ticularly as the branch
offices are in constant
touch with the Main
Office located near U. S.
Patent Office and through
it are fully equipped to
handle patent business in
all its branches.
These branch offices
are in charge of compe-
tent managers who will}
be glad to discuss with
you any matters relating
to patents or trade-marks.
Each of these offices is
complete in itself and
fully equipped with a
staff of specification
writers and draftsmen.
Inventors who live near
our branch offices are
invited to call, write or
telephone for special en-
gagements to consult us
regarding their inven-
tions, without charge or
obligation.
These branch offices being located in
the principal industrial centers of the U. S.
enable us to bring our clients in touch
with capitalists, promoters and manufac-
turers who wish to buy patents or lease
them on royalty.
Page nine
VICTOR J. EVANS
& COMPANY
Page ten
) Ne
IDIELAYS ARIE
i is DANGEROUS
IN PATENT MATTERS
NVENTORS are advised not to delay any longer than is
absolutely necessary in placing their applications safely on
file in the United States Patent Office. Many valuable
inventions and the consequent proceeds have been lost
owing to the fact that the inventors have failed to promptly file
their applications, thus affording an opportunity for subsequent
inventors to first assert claims, or for unscrupulous persons to file
applications in their own names upon inventions made by others.
The only way to protect an invention is by means of a patent.
HOW TO OBTAIN A PATENT
WHEN AN INVENTOR IS IN HASTE AND WISHES
HIS APPLICATION FILED WITHOUT DELAY
First Step
He should have his case made Special in our Office, in order
to avoid all delays in the preparation of his application papers and
to save unnecessary correspondence and secure an earlier filing
date in the Patent Office. He should send us a model, sketch or
photograph of his invention, together with a description of its
parts and advantages, and a remittance of $25.00 when he
forwards this data. We will then make an examination of the
pertinent U. S. patents on public record to learn whether, in our
opinion, the invention is patentable. If we find that the invention
is patentable, and the invention is a very simple one, we will pre-
pare the official drawings immediately and forward them to him for
his approval together with copies of the most pertinent patents
upon which the report is based. If we find the invention to be not
patentable, we will return the fee less the cost of the search of the
said records. If the inventor has no model he should make a sketch
and write a description of his invention on our “‘Record of Inven-
tion” blank and forward them to us.
Payment of Fees in Installments
It is not necessary that the total cost for the preparation and
prosecution of a patent be paid in one payment. Our custom is to
permit our clients to pay for their applications in three installments
as the preparation of the application progresses in our office. This
plan makes the payments easy for the inventor.
PATENT
ATTORNEYS
VICTOR J. EVANS & CO.
REGISTERED
PATENT ATTORNEYS
Minimum Cost of Filing an Application
The fee quoted covers the prosecution of the application before
the primary examiner.
The minimum cost of filing an application through our office
is $85.00, which fee includes any amendments which may be neces-
sary. In every case our charges will be as low as is consistent with
good work.
Issue of the Patent
When the patent has been allowed notice will be sent and you
will have six months from the date of allowance in which to pay the
final Government fee of $30.00.
WHAT MAY BE PATENTED
A patent may be granted for: (1) any new and useful art
or process; (2) any new and useful machine; (3) any new and
useful manufacture; (4) any new and useful composition of matter
involving invention; (5) any distinct and new variety of plant
asexually reproduced, other than a tuber-propagated plant; (6) any
new and useful improvement thereof; provided the art, machine,
manufacture, composition of matter, or improvement thereof, for
which a patent is desired, was not known or used by others in this
country, and had not been patented or described in any printed
publication in this or any foreign country, before the applicant’s
invention or discovery thereof, or more than two years prior to his
application, and has not been in public use or on sale for more
than two years prior to the application, unless the same is proved
to have been abandoned.
WHO CAN APPLY
Citizens, foreigners, women, minors and the administrators of
estates of deceased inventors may obtain patents.
JOINT APPLICATIONS
Two or more persons may apply jointly for a patent if they
are joint inventors. If one person is the inventor and the other
Page eleven
VICTOR J. EVANS & CO.
REGISTERED
PATENT ATTORNEYS
VICTOR J. EVANS & CO.
REGISTERED
PATENT ATTORNEYS
only a partner, the patent must be applied for in the name of the
inventor alone; but he may secure his partner in advance by
executing a deed of conveyance, so drawn that the patent will be
issued in both names. It is of the greatest importance that the
true position of the parties should be understood by the attorney, in
order that he may prepare the papers so as to properly protect the
interests of both parties. If the invention were made by both parties
they should both sign the papers, but if only one invented the device
and the other is a part owner, the inventor alone should sign the
application papers, and assign the proper interest to the other party.
A patent is invalid if granted on an application made by two
parties, only one of which is the inventor. Remember, only the
inventor or inventors of a device may lawfully make application
for a patent.
ASSIGNMENT OF PATENT
The inventor may sell or assign his invention either before or
after application for patent has been made, or after the patent
has been issued. He may sell or assign any portion, such as one-
fifth or one-half interest in the patent, or a town, county, or state
right. If assigned before the patent is granted, the purchaser will
enjoy the right under the patent when it is issued.
Every assignment affecting the title of a patent should be
recorded in the United States Patent Office. Those who desire to
have assignments of patents or licenses drawn in proper form and
recorded, should, when they communicate with us, state the full
name and residence of the parties, the shares to be conveyed, the
title of the invention, and the serial number and filing date of the
application, if pending, or if patented, the number and date of the
patent. With this data they should remit $12.00 to cover the cost
of preparing and filing the assignment, and the Government record-
ing fee.
OBTAINING ASSISTANCE FOR THE INVENTOR
Where an inventor has not the means to procure a patent for
his invention we would suggest that he endeavor to interest some-
one in his vicinity to whom he can personally explain the merits
of his invention, and agree to assign to such a person a part interest
therein, in consideration of the fees necessary to secure a patent.
When this has been effected we shall be glad to prepare the required
Page twelve
assignment. In order to communicate his invention while seeking
to secure a partner to furnish the money to obtain a patent, we
recommend that the inventor make his sketch or drawing on the
“Evidence of Conception” blank and have the same duly wit-
nessed. This should be sent to us by the inventor so that we can
place it in our secret files, and in case an attempt should be made
to pirate the invention, we would then be in a position to give
valuable testimony on behalf of the inventor.
TERM OF THE PATENT
Patents are granted in this country for the term of seventeen
years, during which time the patentee has the exclusive right to
make, use and sell the patented invention.
TIME NECESSARY TO SECURE A PATENT
It is impossible to state with certainty the time required to
secure the allowance of patents. This varies with the division in
the Patent Office to which the application is referred. There are
over sixty of these divisions, and each one is more or less in arrears
with its work. Applications must await their turn in the Patent
Office, and it is usually several months before they are reached
for action.
We endeavor to expedite the preparation and prosecution of
applications as much as possible, but we will not sacrifice quality
of work for speed.
MANUFACTURING UNDER PATENT APPLIED FOR
Every inventor has the right, when he has an application for
patent pending in the Patent Office, to manufacture the device and
mark it “Patent Applied For.”
You should not, however, exploit your invention until your
application for patent is on file in the Patent Office; and we strongly
advise that you file any foreign applications which you intend to make
as soon as claims are allowed in the United States application, and
before your invention is disclosed to the public, as, in most foreign
countries patents are granted to the first applicant, whether the
inventor or not, and the inventor is likely to lose his right of
obtaining foreign patents thereon, if someone seeing his invention
on the market in the United States proceeds to patent it in
foreign countries.
Public Use of an Invention
Public use and sale of an invention for more than two years
prior to the filing of an application will prevent a valid patent from
being obtained. A use, however, which is merely experimental,
will not prevent the granting of a patent.
Page thirteen
VIcT
OR J. EVANS & COMPANY, PATENT ATTORNEYS
OUR OPINION
a The inventor owes it to himself
Revcory : to protect and establish his rights
vention an: to his invention, so as to exclude
‘ all others from the privilege of
making, using or selling his in-
vention.
Inventors desiring our opinion as
to whether their inventions come
ere within the Patent Office definition
we atnaa en P of a patentable invention as set
; forth in Rule 24 should write for
our blank form Record of Inven-
tion. A sketch and description
should be made on this Record of
Be it Known that oe Invention, signed and witnessed by
B tas thin____of_____192_duclosed to
the invention illustrated and described on this sheet and
____{ully understand the construction thereof.
relatives or friends and returned to
us. We will then make an exam-
ination of this disclosure and send
you our opinion, which is based on
our experience in patent matters.
The Record of Invention Form
will assist the inventor to establish
his rights and serve as proof of conception and disclosure of his
invention until the case can be filed in the United States Patent
Office. This Record of Invention Form will be placed in our
secret files.
There is no charge or obligation for this service.
Caveats Abolished
Congress abolished Caveats, and the Patent Office, therefore,
cannot accept applications for Caveats; the inventor must file a
formal application for patent, in order to secure the advantages once
obtainable by Caveat.
COMING TO WASHINGTON
It is not necessary to come to Washington in order to secure
a patent on your invention. We have secured patents for thousands
of inventors whom we have never seen. Our force can secure a
knowledge of your invention from sketches, a model, photos, or
working drawings, provided you describe your construction and its
operation. We have competent draftsmen in our office, who are
capable of preparing the drawings for an application for patent
Page fourteen
VICTOR JV. EVANS & COMPANY, PATENT ATTORNEYS
from the most meager disclosure. Of course, the clearer the dis-
closure the less time required to prepare the case, but rough sketches
and a full description is all that is absolutely necessary.
If you desire to come to Washington, or to make a trip to one
of our branch offices, we will be very glad to see you, and will do
all we can to hasten the completion of the application so that you
can return home at the earliest possible moment, if you desire.
We will, for a reasonable fee, go to the home or factory of
the inventor, and prepare his application for patent. This practice
is sometimes followed when the case is difficult, or when the inven-
tion is embodied in machinery which is in use or which cannot be
moved.
OUR LEGAL SERVICE
Our practice is not confined to the soliciting of patents, or to
business before the U. S. Patent Office, but includes infringement
suits and other litigation in the Federal Courts involving patents
and trade-marks.
Many solicitors of patents are not members of the bar, and
have no facilities for aiding clients in infringement suits, or other
matters requiring the service of a lawyer familiar with patent law.
Our patent lawyers are prepared at all times to represent clients
before the Supreme Court of the United States, the Supreme Court
of the District of Columbia, the Court of Appeals of the District of
Columbia, the Court of Customs and Patent Appeals, the U. S.
District Courts, and the U. S. Circuit Courts of Appeal in suits
involving patents, trade-marks, copyrights or contracts affecting
these subjects. Our court, interference, opposition and cancellation
cases take our lawyers to all parts of the United States. This de-
partment also handles appeals to the Board of Appeals, and to the
Commissioner of Patents; and renders opinions as to the validity
and infringement of patents and trade-marks.
+: > O< Ee <-+
OUR LIBRARY
JISITING inventors when in Washington, D. C., are cordially invited to
inspect our building and to make our offices their headquarters and also
have their mail addressed there. Every convenience is provided for them.
= They will find desks, stationery and a stenographer at their disposal.
Our technical and patent law library is very complete, and visiting clients are
invited to make use of this library and our conference rooms.
Among the publicatoins in our library will be found The Official Gazette of
U. S. Patent Office, showing the patents issued by the U. S. Government, U. S. Patent
Office Reports, Annual Reports of the Commissioner of Patents, Decisions of U. S.
Commissioner of Patents, Federal Reporter, Trade-Mark Reporter, a large number
of books on technical subjects and many of the technical publications. We keep on
file the most important technical publications.
Page fifteen
FORMER UNITED STATES PATENT OFFICE BUILDING
ONLY REGISTERED ATTORNEYS PERMITTED TO
PRACTICE BEFORE U. S. PATENT OFFICE
Under the rules of the U. S. Patent Office only regis-
tered patent attorneys in good standing are permitted
to practice before that bureau. The Patent Office
advises all inventors to employ competent attorneys
(See Rule 17 Patent Office Rules of Practice) and the
inventor should never attempt to prepare and prosecute
his own case unless thoroughly familiar with patent
practice, as this work is of a highly technical nature
and in general only Patent Attorneys of experience are
competent to undertake the patenting of an invention.
There are parties who are not registered before the
Patent Office and also publications who advertise to
file applications. When an inventor employs one of the
above he cannot be represented before the Patent Office
direct and is likely to be subject to endless fees, all
of which involve not only expense but delay, whereas
if the inventor had employed a competent registered at-
torney in the first place both the expense and delay
would have been avoided.
Specimen Patent Office Drawing, designed to show the manner in which we illustrate inventions pertaining to animals
Page sixteen
VICTOR J. EVANS
& COMPANY
UNITED STATES
AND FOREIGN
PATENTS
SUCCESSFUL PATENTS
tion.
fore, the value of the patent.
To support a profitable and successf
IHE HOPE and desire of every inventor is the financial success of his inven-
As the Patent Office does not undertake to advise the inventor in
advance as to the scope and validity of the claims to which he is entitled
it is obvious that upon the attorney alone depends the breadth and, there-
ul business based upon a patent or to effect
the sale of a patent it is necessary that it should have claims of the broadest possible
scope to protect the owner against competition and infringement, and should be of
undoubted validity to stand investigation of experts and the test of the courts. Manu-
facturers, promoters and others contemplating the purchase of a patent always submit
the same to an expert for an opinion as to the validity and scope of the patent, and
should the invention not be properly protected, the sale of the patent is defeated.
All Communications Strictly
Confidential
LL who desire to consult us in regard to
obtaining patents are cordially invited to do
~—“ s0. We shall be happy to see them in per-
son at our office, or to advise them by letter. In
all cases a careful consideration of their plans,
an honest opinion, and a prompt reply may be
expected.
Security
We hold all business communications and data
relating to inventions entrusted to us as strictly
confidential, and they are preserved in absolute
secrecy. We treat our clients as we would wish
to be treated were we in their place. We fully
appreciate the great responsibility we assume when
we undertake to secure patents of commercial
value. We give our best and personal attention
to every case we prosecute, and having a corps of
experienced patent solicitors, searchers, and drafts-
men, we can afford to give each case the time it
deserves.
The Value of Your Patent
Will depend much upon the skill and care with
which your case is prosecuted in the United States
Patent Office. This work will receive the benefit
of skill and experience acquired by a long and
successful practice. We spare neither time nor
effort to secure the broadest possible patents that
the inventions will warrant. That every case en-
trusted to us receives our best efforts, and that
our work is done consistently, skillfully, and
thoroughly is evidenced by the many unsolicited
letters of commendation that we receive constantly
from our clients.
We have an interest in the successful outcome
of every case entrusted to us. Our clients receive
high grade work and efficient service. It is our
aim to serve our clients well that we may deserve
their commendation.
We Regard a Satisfied Client as Our
Best Advertisement
and always make it a point to deal with all matters
entrusted to us with uniform care and promptness.
We will furnish upon request lists of clients from
any State in the Union for whom we have secured
patents.
Selecting an Attorney
EFORE anything is done towards making
an application for patent, the inventor
should first select a trustworthy and capable
attorney to represent him before the Patent Office.
The inventor should never endeavor to prepare
his own application. He is apt to leave valuable
features of his invention unclaimed, and attach
undue importance to some immaterial feature.
Although he may have a good education, and a
quick perception, and some knowledge of patent
Page seventeen
PATENT ATT ORNE Y §
& COMPAN Y,
JI; EVAN S
VIcToOR
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Ai
eye
Rag
ms
Specimen Patent Office Drawing, illustrating an
application for Design Patent
In all cases intrusted to us the drawings are made under our
personal supervision by expert draftsmen in our constant employ.
Rbeciten. Patent Office Drawing, showing the character of work furnished our
clients.
Ny
Tht Ws
Ww
VICTOR J. EVANS
& COMPANY
UNITED STATES
AND FOREIGN
PATENTS
matters, he cannot have the necessary experience
to insure absolute accuracy. This work should be
done by a skilled and experienced patent lawyer—
one who has spent years in the business and thor-
oughly mastered its details. A claim properly
drawn may mean success to the inventor, whereas
one improperly drawn generally means a total
loss of the invention. Inventors are often in
much doubt and anxiety in selecting an attorney
to conduct their business. Those having no ac-
quaintance among patent attorneys do not know
who is reliable and trustworthy. This widespread
ignorance strongly jeopardizes the inventor's
rights, and prevents him from exercising an intel-
ligent choice in his selection of an attorney.
This first step is important, because the inventor
thereby commits his interests entirely to another’s
discretion and ability, and leaves them to a fate
in the shaping of which he may have no part, yet
which he must abide by, even if the result be the
necessary consequence of incompetence or neglect
on the part of the attorney.
The Patent Office cannot aid in the selection
of an attorney, but has established a register of
patent attorneys. Only registered attorneys are
permitted to practice before the Patent Office.
So important are the services of a reliable,
trustworthy and skillful attorney to inventors
that the Commissioner of Patents has, in the
“Rules of Practice,” issued this general warning:
“As the value of patents depends largely upon the
careful preparation of the specification and claims,
the assistance of a competent counsel will, in most
cases, be of advantage to the applicant, but the
value of their services will be proportionate to
their skill and honesty, and too much care cannot
be exercised in their selection.”
An inventor, before deciding upon his attorney,
should make a careful and intelligent comparison
of the methods of those whose services are
available.
The contingent fee plan of doing business,
commonly known as the “no patent, no pay” sys-
tem, has been the subject of unfavorable criticism
by the Patent Office, and is against the interest
of inventors in a very important particular. We
refer to the temptation offered the attorney to
accept an allowance upon meagre and insufficient
claims in order to secure and expedite the payment
of his fee. The following quotation is from a
report of Commissioner of Patents Fisher to
Congress bearing upon this subject:
“Honest and skillful solicitors, with a thorough
knowledge of the practice of the Office, and of
patent law, and who are able and willing to ad-
vise their clients as to the exact value of the
patents which they can obtain for them, may be
of much service to inventors. There are many
such, but those who care for nothing but to give
them something called a patent, that they may
secure their own fee, have in too many instances
proved a curse. To get rid of their client and
of trouble, they have sometimes been content to
take less than he is entitled to, while in many
cases they have, with much self-laudation, pre-
sented him with a shadow when the substance
was beyond his reach.”
To make this clear to those unfamiliar with
Patent Office practice, it is necessary to explain
that in the preparation of an application for a
patent it is the invariable custom to summarize
the invention in a number of “claims” at the end
of the specification, which claims define and con-
trol the scope of the patent. As a rule, these
claims are graduated in scope, the first claim being
the broadest in terms, and the succeeding ones being
more limited; and in at least 95 per cent of
all applications filed, the Patent Office, upon its
first action, rejects one or more of the claims
upon reference to patents already granted, which
patents, perhaps, differ entirely in structure, yet
can be construed to meet very broad claims. The
duty of the attorney, then, is to carefully com-
pare his client’s claims with the patents cited by
the Examiner, and by changing the wording or
phraseology of the claims, and by proper argu-
ment, endeavor to overcome the Examiner’s objec-
tion or objections and secure favorable reconsid-
eration. If, instead of taking this course, the
attorney cancels the claims objected to, an allow-
ance will be issued on the claims not objected to,
which are usually the more restricted or limited
claims. To combat the official action of the Pat-
ent Office by argument or amendments, with
the view of securing the broadest possible
claims for his client, is the most important
work devolving upon an attorney. It is an
easy matter to secure an allowance of an applica-
tion for patent which involves patentable matter
if the applicant accepts whatever claims may be
allowed by the Patent Office upon the first official
Page nineteen
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
action, but to secure the allowance of claims of such
legal scope and breadth as to fully protect the paten-
tee against imitators, or from those who attempt, by
some slight alteration in the details of a patented
device, to evade the claims of a patent, is a work
requiring the services of a most skillful attorney.
The Patent Office records show that it is not un-
usual for an application to be rejected and amended
a dozen times before allowance, and few properly
prosecuted cases are allowed until after two or more
official rejections. ‘These actions on the part of the
Patent Office and the attorney necessarily involve
delays.
The Advantage of Having a
Washington Attorney
The inventor should select an attorney who lives
in Washington, where the entire patent business of
the Government is exclusively carried on.
An attorney residing in Washington has the ad-
vantage of personal interviews with the Patent
Office Examiners, and the further important ad-
vantage of ready access to the valuable records of
the Patent Office. Attorneys who reside at a
distance from Washington either depend upon the
services of associates or conduct their business by
correspondence, with its attendant delays and annoy-
ances.
It is obvious that an application for patent can
be more intelligently prepared by one who has all
prior patents in the line of invention involved before
him, than by a solicitor who has not this advantage;
and when one or more claims of an applicant are
rejected, a prompt personal explanation and oral
argument followed by written argument are some-
times more convincing to the Examiner in charge
than merely written arguments sent through the
mail.
The immense saving of time is alone a strong
reason for employing a resident Washington solici-
tor, but this is not the only reason, for a personal
talk and exchange of views between the Examiner
and attorney will frequently clear up difficulties and
overcome objections which would otherwise require
months of correspondence. Again, the saving of ex-
pense is an important item. Attorneys residing
away from the seat of Government frequently find
it absolutely necessary to visit Washington, and the
expense of such visits must, of course, be paid by
their clients.
If you want business promptly attended to, it
should be entrusted to reliable counsel who is on the
ground, and who is not obliged to prosecute your
applications at long range or through a middle man
in Washington, whose first allegiance is to his own
clients, and who devotes only convenient hours to
associate work from non-resident solicitors.
@& @ New Plant Patent Law
HE PLANT breeders will now have the same
status as mechanical and chemical inventors.
This has been accomplished by the passage of a Bill
by Congress entitled “A Bill to Provide for Plant
Patents.” It could also be described as a Bill to pre-
vent plant piracy. Under the terms of this Act
plant breeding will be promoted and encouraged.
Any person who has invented or discovered and
asexually reproduced any distinct and new variety of
plant except a tuba-propagated plant not known or
used by others in this country before his invention
or discovery thereof and not patented or described in
any printed publication in this or any foreign
country before his invention or discovery thereof
more than two years prior to this application and
not in public use or on sale in this country for more
than two years prior to this application, unless the
same is proven to have been abandoned, may, upon
payment of the fees required by law and other due
proceedings, obtain a patent therefor.
Under the terms of this Bill the Department of
Agriculture is instructed to detail to the Patent
Office such officers and employees of the Department
as are required for the purpose of carrying this Act
into effect and to conduct through their various
bureaus such research or experiments as are required
by special problems.
The Government fees are the same as for mechani-
Page twenty
eal patents. In filing an application for patent
under this Act the specification should be in dupli-
cate and the drawing where colors are involved also in
duplicate, such colored drawings to be made upon
paper acceptable to the Patent Office and in permar
nent water colors. Where the color is not a variation
upon which the plant depends for its patentability,
the drawing may be filed in black and white, in
which case only one copy of the drawing may be
necessary.
We are very much interested in horticulture and
intend to devote special attention to the protection of
inventors or discoverers of improvements in plant
life under this new Act, and invite correspondence
with nurserymen, seedsmen, florists and others inter-
ested in this subject. We shall be glad to have them
write us or answer any questions or give them any
information in regard to this subject.
We suggest that you send us leaves, blooms or
fruit of any new species of plant you have produced
in as good condition as possible. Also send us a full
description of the method by which you have pro-
duced your discovery, giving a description of shape,
color, odor and so forth.
Upon receipt of the description of your method
and a remittance of $25.00 as preliminary part of
our fee, we will make an examination and investiga-
tion of the subject and send you a full report.
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
Preliminary Search
PRELIMINARY search is an examination
made by us in the Patent Office at Washington
among existing United States patents. This ex-
amination is conducted through only the United
States patents in the class to which the invention
relates. Records of foreign patents and publica-
tions are not arranged for search, and pending appli-
cations are not open to the public. Therefore the
search made by the Patent Office after the case
has been filed and their decision thereon are the only
conclusive evidence as to patentability.
It is desirable for the inventor when writing us
relative to his invention to state clearly whether
or not he wishes an examination made.
If you desire us to make a preliminary search
of the records of the United States patents before
filing application for a patent, send us $5.00 for
such search with the data showing your invention
and we will make the examination and send you
a report as to patentability with copies of the most
pertinent patents upon which the report is based.
We will also, if you desire, telegraph you, at your
expense, a report as to whether the invention is
patentable or not. In some classes the cost of the
search will be more than $5.00.
Sending Models or Drawings
To enable us to make an examination of the
Patent Office records the inventor should send us
a small model, sketch or photograph of his inven-
tion, together with a description of the parts,
operation and advantages. It will be best to send
a model which need not be fine or expensive, and
may be of any size or material. If you cannot
send a model, send a plain pencil drawing or photo-
graph. Letter the parts and describe the invention
fully by reference letters. We cannot make an
examination for a mechanical invention until we
receive a model, drawing or photograph of the
device, as it is impossible to get a clear under-
standing of a mechanical device from a description
alone. In sending the model, prepay the express
charges and advise us whether or not you wish it
to be returned. Be sure that your name is plainly
marked thereon. We frequently receive models
which we are unable to identify because of omission
to properly mark them.
Cost of a Patent
The minimum cost for filing an application for
patent, including the attorney’s fee, the drawing fee
and the Government Filing Fee, is $85.00, which
may be made in three payments as the case pro-
gresses in our office, thus making the payments
much easier for the inventor.
Important—To Save Time
When an inventor wishes the application filed
without delay, he should have his case made special
in our office to secure protection, save correspondence
and secure early filing date in the Patent Office. He
should send us a model, sketch or photograph with
a description of his invention, together with $25.00
on account. We will make an examination of the
United States Patent Office records to learn whether
the invention is patentable. If it is, we will prepare
the official drawings immediately and forward them
for approval. If the invention is not patentable, we
will return the fee less the cost of the examination
retained for the search.
Upon receipt of the favorable search report and
copies of the official drawings, the inventor should
then remit $30.00 on account of the attorney’s fee
in a minimum case. On receipt of this amount we
will prepare the specifications and claims forming
the application papers and forward them to the
inventor for his approval and signature.
The application papers should then be returned
to us duly signed and witnessed together with
$30.00 Government Filing Fee and the application
papers will then be filed in the United States
Patent Office in a minimum case. It is advisable
to file the case in the United States Patent Office
as early as possible to gain priority in filing over
those who may be working along the same line.
The final Government Fee of $30.00 is not due
until notice of allowance is granted. This fee
may be paid at that time or at any time within six
months after date of notice of allowance.
When the application is filed in the Patent Office,
an official filing receipt will be forwarded to the
inventor and the application will then be prosecuted
to a conclusion before the Primary Examiner.
When the application is allowed, notice will be
forwarded to the inventor, after which he will
have six months within which to pay the Final
Government Fee of $30.00. We do not make any
extra charge for the prosecution of the case and
Page twenty-one
VICTOR J. EVANS &€ COMPANY, PATENT ATTORNEYS
amendments before the Primary Examiner, as is
the practice of many patent attorneys.
Our Charges
Our charges are based entirely upon the amount
of work and the time consumed in the preparation
and prosecution of the application and the above
charges are our minimum fees for the preparation
and prosecution of the case. We advise all inventors
to remit as above quoted and allow us to estimate
the proper charge for the patent at the time we
prepare the application papers and drawings, for
at that time we have the details of the invention
clearly before us and can readily determine upon
the amount of work which the case is going to en-
tail. We will give you an estimate in advance of
the complete cost of the application if especially
requested, but in all cases our charges will be as
low as consistent with the skillful preparation and
prosecution and proper protection of the inventor.
In electrical, chemical, process, method or com-
position cases or in cases requiring considerable
theoretical study or in complicated cases our fees
will be based upon the amount of work involved.
The Patent Office never returns the Government
Filing Fee when an application has been formally
filed and is rejected, nor do we refund any fees
on final rejection of an application.
Extra Services
When extra services are desired by an inventor
in the preliminary work of preparing the applica-
tion or in the prosecution before the Patent Office
or for any other reason, an additional fee will be
charged in accordance with the services rendered.
When extra charges are to be made the inventor
will be notified thereof in advance.
How to Send Money
In urgent cases where it is desirable to save time,
remittances can be telegraphed. This form of re-
mittance is especially desirable in cases where the
time limit for the payment of the final Government
fee is about to expire, or where the time is limited
in which to secure valid foreign patents.
Do not send currency unless registered mail or
express. You can also remit by bank draft, post-
office or express money order, express or registered
package or certified check. Do not enclose money
with the model, either by express or mail. When an
inventor wishes to avoid delay and have his case
made Special in our offices he should send us $25 on
account when he forwards the model or sketch and
description of his invention.
THE APPLICATION
HE formal application papers include the petition, specifications, oath, and,
where possible, drawings, which, to secure attention, must be filed in the
\/ Patent Office together with the first Government fee of $30.00. As soon
E #3) as the application is filed the inventor is protected against the grant
without his knowledge, of a patent for the same thing to another person. After
the application has been filed we send the inventor the official filing receipt. The
specification should contain a clear, concise, and accurate description of the device
and its operation; the advantages and conveniences should also appear. To this
should be subjoined a condensed statement of the invention in the form of one or
more claims covering all its novel features.
Page twenty-two
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
The Claims
The actual value of a patent is measured by its
claims. While formerly the impression prevailed to
a great extent that the essential thing to insure pro-
tection was a patent of some kind, the manufactur-
ing public has been educated to understand that the
vital and all-important part of a patent is its claim.
If the claims are narrow and restricted, the patent is
comparatively worthless; and on the other hand,
if the invention is valuable and well covered by
broad and comprehensive claims, the patent is readily
indorsed by manufacturers, in their consulting
counsel, and those interested in the purchase of the
same. If patents were properly prepared at the
outset, the number of patent suits would be greatly
decreased as the rights of the patentee would stand
out in such unmistakable language in the claims that
rival parties would not care to trench upon the
clearly understood rights of the patentee.
Experienced inventors and patentees appreciate
the importance of having their applications for
patent intelligently prepared, and skilfully prose-
cuted.
The Supreme Court of the United States (case of
Topliff vs. Topliff—1892) in an opinion by Mr.
Justice Brown, makes this statement:
The specifications and claims of a patent, particularly
if the invention be at all complicated, constitute one of
most difficult legal instruments to draw with accuracy
and in view of the fact the valuable inventions are often
placed in the hands of inexperienced persons, to prepare
such specifications and claims, it is no matter of surprise
that the latter frequently fail to describe with requisite
certainty the exact invention of the patentee, and err
either in claiming that which the patentee had not in
fact invented, or in omitting some element which was a
valuable or essential part of his actual invention.
‘This comment from the highest legal authority
in the United States is an injunction and a warning
to inventors to entrust their business only to experi-
enced counsel.
Special training and experience are required to
properly prepare an application and prosecute it to
allowance upon the best possible claims.
To secure a patent is one thing, but to secure a
patent that will stand subsequent judicial investi-
gation, and effectually protect the patentee against
imitators or evaders, is a different undertaking.
While the examiners of the Patent Office are, to
an extent, judicial officers, they at the same time
stand in the position of attorneys for the Govern-
ment, and strenuously oppose the granting of broad,
sweeping claims if there is any ground for opposi-
tion, since any laxity on the part of the applicant in
claiming his invention inures to the benefit of the
public whom the examiner represents. And if an
applicant for patent presents limited claims which
do not amply protect his invention, instead of claims
of sufficient legal scope to prevent the appropria-
tion of the invention by imitators and infringers, it
is not part of the duty of the Patent Office to sug-
gest the presentation of broader claims, but to allow
the application upon the claims of record.
In brief, the inventor is presumed to know what
he has invented and to understand the scope of the
claims filed; and in case of litigation the courts can
not broaden the scope of a claim beyond the obvious
meaning of the language employed.
As above stated by the Supreme Court “valuable
inventions are often placed in the hands of inex-
perienced persons,” and it is a matter of common
knowledge that many applications for patent are pre-
pared by persons who have had no legal training,
and who consequently have no appreciation of the
legal scope of patent claims as defined and estab-
lished by the courts.
In this connection we will say that specifications
for applications for patent, as well as all other legal
documents, emanating from our office, are prepared
by lawyers and solicitors of experience, who are
specialists in patent law.
Prosecuting the Case Before the
Patent Office
A well prepared specification and clear, well
executed drawings greatly expedite the allowance
of an application by the Patent Office, as the ex-
aminer is thus relieved of annoyance and unneces-
sary work in the examination of the case.
The Patent Office examiners appreciate good
work on the part of the attorney, and when a Speci-
fication fully and intelligently sets forth the inven-
tion, and presents claims of proper form and scope,
much unnecessary labor and correspondence are
avoided, and the examiner’s whole attention can be
given to the search required, to determine the
novelty of the invention, instead of to criticising
the description and claims.
LETTERS OF REFERENCE
Upon request we will furnish letters of reference
and commendation from clients and lawyers from
every state and many cities in the United States.
We have on file in our offices large numbers of un-
solicited letters of reference and commendation from
clients for whom we have secured patents. Any
person desiring letters of reference from any state
or city in the Union can secure copies of these let-
ters by simply requesting us to send them, giving
the locality from which they wish these letters of
reference. We will also send lists of clients in any
state or locality for whom we have secured patents
and to whom the inventor may write if he wishes
to know all about us. We can also give lists of ref-
erence from banks and other financial institutions to
whom we can refer you as to our financial standing.
Page twenty-three
VICTOR J. EVANS & CO.
On the other hand, a case which is poorly and
incorrectly prepared entails upon the examiner much
study and extra labor in determining just what the
applicant is seeking to claim; and loosely drawn
specifications and inferior drawings naturally have
a tendency to prejudice the examiner in his action.
It is obvious that when an invention is well
shown, described and claimed, no criticism on the
part of the Patent Office is required, except such as
may affect the scope of the claims based upon prior
patents, which the examiner may find in his search
and the points of issue between the applicant and
the examiner are quickly defined and may be speedily
determined.
The Official Drawings
Next in importance to the proper preparation of
the specification and claims comes the Patent Office
drawings. It is the practice among a certain class
of patent attorneys to prepare the drawings in an
application as cheaply as possible, in order to make
something on the fee charged the inventor for them.
To this end they engage the cheapest draftsmen
obtainable, with the result that there are probably
thousands of existing patents in which the improve-
ments are but partially or very poorly illustrated;
and when an attempt is made to dispose of such
patents, the vagueness, defectiveness and inaccurate-
ness of the drawings often prejudice capitalists and
manufacturers against the invention which, in fact
may be of decided merit and value, and would have
met ready sale had the invention been fully por-
trayed by artistic and skillfully executed drawings.
Again, when patents of this kind are brought into
court, the uncertainty and ambiguity of the draw-
ings enable the opposing experts to mystify the
judges as to the construction, relative arrangement,
and combinations of parts intended to be covered by
the patents.
During the preparation of the application for
patent, it sometimes becomes necessary to prepare
more than one sheet of drawings to illustrate the
invention as required by the rules of the Patent
Office. In such cases the usual expense of filing
an application is increased in accordance with the
additional work required. Our experience teaches
us that it is money well spent to show every detail
of an invention by large, clear, well executed draw-
ings. _ By this means we facilitate examination in
the Patent Office and invariably secure the most
satisfactory results in the shortest period of time.
Page twenty-four
REGISTERED
PATENT ATTORNEYS
We are fully aware of the importance of having
the drawings prepared by the most skillful and ex-
perienced draftsmen obtainable. In all cases en-
trusted to us the drawings are made under our
personal supervision by draftsmen in our constant
employ, and every precaution is taken that the in-
ventions are fully and clearly shown by different
views so as to be readily understood by the ex-
aminers of the Patent Office and comprehended by
the public when the patent is granted.
This book contains samples of Patent Office
drawings showing the character of work furnished
our clients. We make a specialty, as shown in the
drawings of illustrating the application of the inven-
tion, pictorially, whenever practicable. The value
of well executed pictorial drawings does not end with
the proper showing of the invention for the purpose
of the patent, but copies of the patent can be had in
any quantity by the inventor for use in bringing his
invention before manufacturers and capitalists, and
much depends upon the impression given by the
drawings. If the invention is well illustrated, the
inventor has in his patent a suitable cut for use in
advertising. In some classes the cost of drawings
will be more than $5.00 per sheet.
Process Patents
Patents are granted for any new process, among
which are classed such inventions as vary or change
the steps essential to the manufacture of an article.
Process patents are also granted involving the use
of any new material where a result is gained which
is not due to the use of the material alone.
Where a specific article is protected by or capable
of protection by a process patent, the article itself
if new can be protected by a patent. Therefore, if
the article and process are both new, patents pro-
tecting both can be secured, but even if the article
itself is old, the process in producing it if new can
be protected.
Method Patents
Any new method of manufacturing an article
whereby several steps are reduced to a single opera-
tion or the cost of the article is reduced or its effi-
ciency increased is a proper subject for a process
patent.
Design Patents
The law authorizing the issue of design patents
is very broad. These patents may be granted to
any person who has invented or produced any new
VICTOR J. EVANS & CO.
REGISTERED
PATENT ATTORNEYS
and original design for a manufacture, bust, statue,
alto-relievo or bas-relief ; any new or original design
for the printing of woolens, silks, cotton, or other
fabrics; any new and original impression, ornament,
pattern, print or picture to be printed, painted, cast
or otherwise placed on or marked into any article
of manufacture; or any new, useful, or original
shape or configuration of any article of manufacture,
the same not having been known or used by others
before his invention or production thereof, or
patented or described in any printed publication.
All new designs should be protected. Design
patents for the pattern of a machine, or designs on
a machine, can be secured in addition to a mechani-
cal patent for the machine itself. These patents are
never issued covering the operation of mechanical
devices, but only for ornamental features.
In a large class of mechanical as well as orna-
mental devices the shape is really the important
feature, and if the nature of the improvement is
such that a mechanical patent may not be obtained,
a design patent may be quite as effective.
The total cost of design, including Government
and attorney fees, and one sheet of drawing is:
Attor. Fees Gov’t Fee Total
Pat. for 3% years $50.00 $10.00 $65.00
- oe te 50.00 15.00 70.00
m “14 a 50.00 30.00 85.00
Patents for Compositions
We make a specialty of securing patents on com-
positions or compounds. Patents are granted on
any new and useful composition of matter, such as
chemicals, paints, wall plaster, artificial stone, roof-
ing material, fire kindlers, fireproofing or water-
proofing compositions, providing invention is in-
volved in compounding them- All who have new
and useful compositions which they wish to pro-
tect should send us $25.00 together with the name
and quantity of each ingredient used, the manner
of compounding them, and the uses to which the
composition should be put. We will promptly
prepare an application for patent and send it to
you for signature and execution. We do not make
preliminary examinations in composition and com-
pound cases, except where specifically requested,
the cost being from $10.00 up, according to the
amount of work involved, and is exclusive of the
cost for the preparation and prosecution of the
case. The minimum cost of a patent for a com-
position of matter is $120.00, of which $60.00 is
the attorney’s fee, $30.00 the Government filing
fee and $30.00 the final Government fee.
Patents for Medical Compounds
Patents may be secured for medical compounds,
the minimum cost of which is $120.00, but under
the present stringent rulings of the Patent Office,
it is a difficult matter to obtain the allowance of
such a patent. The commissioner almost invariably
holds that medical compounds are nothing more
than the result of a prescription that any physician
might write, and that no invention is involved in
making them. Because of this we usually advise
our clients who have medical compounds on which
they wish protection, to register trade-marks for
them. The protection afforded by a trade-mark is
in some respects preferable to that of a patent. In
applying for a trade-mark it is not necessary to dis-
close the formula for making the compound which
must be done if a patent is applied for. This non-
disclosure enables the owner to keep the ingredients
of his medicine secret. Most of the so-called patent
medicines are protected by trade-marks only.
Associates for Lawyers
Very few lawyers are familiar with the practice
before the United States Patent Office or with
patent litigation generally. We are prepared to be
of any possible assistance to lawyers in connection
with patent matters. We will prepare the specifi-
cations and drawings forming the application papers
for filing in the Patent Office. Furthermore, we
will attend to the prosecution of applications that
have been filed by lawyers and which have been
found to be deficient or irregular.
We will also act as associates to lawyers in cases
involving Appeals, Interferences or Infringements,
and will render legal opinions as to infringements,
scope or the validity of patents. These opinions are
based upon exhaustive researches of the Patent Office
records.
Lawyers who have patent cases submitted to them
are invited to correspond with us in order that we
may advise them in these matters.
Page twenty-five
U
1. Whenever you write, no matter how often,
please give your address and enclose stamp for reply.
Always write your name plainly, and be sure to
give your first name in full. Always address your
letters in the firm name, and not to any individual.
All correspondence is carried in the name of Victor
J. Evans & Co.
2. Whenever you write, refer to your former busi-
mess or correspondence with us, and if you are
writing in the interest of some inventor, give his
name and furnish proper authority from him. Gen-
erally we might remember you, but such a reminder
would help us in the identification.
3. When you first send a model or drawing of
your invention please explain fully, not only what
you claim as your improvement, but also the con-
struction, operation and use of the invention, so
that your business will not be delayed by corre-
spondence seeking further information.
4, Remember that all business is strictly confi-
dential, and that we cannot tell one client about
another client’s business without written authority
from the latter. Please keep this in mind, because
we have almost every day to remind our correspon-
dents of this rule.
5. As soon as the case is filed in the Patent Office,
the applicant is protected against the grant there-
after without his knowledge, of the patent for the
same thing to another person.
6. The Patent Office never returns the Govern-
ment fee when an application has been formally
filed, and is rejected, nor do we refund any fees
on final rejection of an application.
7. The United States Patent Office will not
grant a patent for an invention which has been pre-
viously patented in a foreign country, if the applica-
tion for foreign patent was filed more than twelve
months prior to the application for a patent in this
country.
8. We never make an examination of the records
of the Patent Office for a mechanical invention until
we receive a model, drawing, or photograph of the
device. We cannot examine from a written descrip-
tion alone.
9. Our preliminary examination is limited to
searching through the records of the U. S. patents,
and does not include an examination of foreign
patents, nor pending applications, the latter being
secret and not open to public inspection.
Page twenty-six
10. Citizens, foreigners, women, minors, and the
administrators of estates of deceased inventors, may
obtain patents.
11. It is not necessary to work a United States
patent, within any specified period, in order to main-
tain its validity. The patent is granted for seventeen
years, and remains valid for that period whether it
is worked or allowed to sleep. The seventeen years’
term of a patent cannot be extended, except by
special act of Congress.
12. Remember to always put your name and ad-
dress on your model. We very frequently receive
models which we are unable to identify because of
this negligence.
13. Postage and expressage must be prepaid, un-
less the inventor is unable to get the exact rate from
his express agent, and, in such case he should always
send us a remittance to cover any possible charge.
14. Inventors should never destroy models and
sketches made during the development of their in-
ventions. ‘They become of prime importance in
case interference controversies should arise. Fix
the date on them. It is always well to have evi-
dence to establish the date of conception of inven-
tion. A good plan is to have a photograph of your-
self taken with the model and preserve the date.
15. Positively no new matter can be introduced
into an application after it is once regularly filed.
The Patent Office will not permit amendments of
this character to be incorporated at any stage of the
proceedings.
16. The Patent Office refuses to grant patents on
perpetual motion inventions, and will not even con-
sider any application based on such a theory. Con-
sequently we always advise our clients to furnish a
working model of their device before applying for
a patent. No one has ever, as yet, been able to fur-
nish a working model solving this problem. No
prizes are offered by the Government for the solu-
tion of Perpetual Motion.
17. If our clients will carefully read this pam-
phlet they will not have to take the time to write us
for information, and we will not have to repeat in
a letter what is set forth plainly in this pamphlet.
The enclosure of this pamphlet with a paragraph
marked may be considered a respectful answer to
such letters.
=gLD as the Roman Empire yet one of the most important
$1 forces of modern commerce. Few people have any
conception of the part the trade-mark has played in
building modern industry and molding our habits
of life.
It is not too much to say that without the trade-mark modern
industry could not exist in its present form. At least ninety per
cent of the things we buy for every day use are bought by trade-
mark. Insuring the quality, quantity and price we want.
Without the protection of the trade-mark such great businesses
as Ivory Soap, Kellogg’s Corn Flakes, Hart Schaffner and Marx
Clothes and Buick Automobiles could never have come into
existence.
Of the thousands of trade-marks in use many are of enormous
value and unwitting infringement is as common as attempts at
deceptive imitation. Registration guards not only against infringe-
ment by others but also against infringement on marks already
in use.
The importance of proper trade-mark registration cannot be
stated too strongly. This is evidenced by the fact that it was
deemed wise in the interests of the public to provide by statute for
the Federal registration of trade-marks. The search preceding reg-
istration will disclose whether the mark has been previously regis-
tered and may be the means of saving your client much embarrass-
ment.
The use in trade of a trade-mark without investigation in the
Patent Office involves considerable risk and the attorney can render
great service by ascertaining first that a mark is not registered and
then seeing that the mark is properly registered. The registration
of a trade-mark is not always a simple matter, and an attorney
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Page twenty-seven
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
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“(7 TRADE-MARK is the means of designating a par-
ticular brand of goods and may be defined to be any
sign, mark, word or words, or symbol which indicates
the ownership or origin of an article as distinguished
from its quality, and trade-mark registration shows
prima facie evidence of the ownership of said mark and the
exclusive right to use the same on vendible articles of merchandise.
Manufacturers without trade-marks open the door to illegiti-
mate competition by wholesalers, jobbers and retailers, while manu-
facturers whose trade-marks are well known are patronized and
the consumer comes to know their products by the trade-mark and
calls for the particular brand of goods by such name. It is, there-
fore, absolutely necessary for a person, firm or corporation who is
manufacturing vendible articles and who intends to continue such
manufacture to adopt some good trade-mark and this mark should
be registered in the Patent Office. The mark should then be given
the greatest possible value by the production of an article which,
through quality, is capable of maintaining the reputation of the
manufacturer. The article should also be given large publicity,
so that in the course of time the public will demand this article
by calling for it under its trade name.
Many manufacturers may jeopardize some of their rights by
manufacturing articles of great value under trade names that are
not protected by trade-mark registration, but are depending solely
on their common law rights. Such manufacturers should immedi-
ately seek the protection that the trade-mark laws afford, thus
avoiding unnecessary loss and litigation.
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Page twenty-eight
VICTOR J. EVANS & COMPANY, TRADE-MARKS
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ANY TRADE-MARK MAY BE REGISTERED WHICH
CONSISTS OF
A mark unlike any other trade-mark which is in use and
applied to the same class of goods.
The name of a firm, corporation or individual when written,
impressed, printed or woven in a distinctive manner or in associa-
tion with the portrait of the individual or a portrait of a person
whose written consent accompanies the application.
OTHER REGISTRABLE TRADE-MARKS
Any technical trade-mark which has been abandoned.
Many trade-marks not otherwise registrable which have been
in use continuously for ten years next preceding February 20, 1905.
Any arbitrary symbol, word, combination of words and devices
not descriptive of the goods to which it is applied.
THE NINE TESTS OF A DESIRABLE TRADE-MARK
A proposed trade-mark should not be adopted until every one
of the following questions can be answered affirmatively in regard
to it:
Is it easy to speak?
Is it easy to remember?
Is it easy to spell?
Is it simple in design?
Is it attractive in sound and appearance?
Is it suggestive of the good qualities of the merchandise?
Is it different from other trade-marks of the same class?
Can it be affixed to the goods with which it is to be used?
Is it registrable and protectable?
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Probably few trade-marks in commercial use can stand these
tests, because most marks have been designed without any clear
perspective of the part that it was to have played in their business.
In selecting a trade-mark it is well to adopt one that is easy
to pronounce, remember or spell or one that is simple in design
and preferably suggestive of the good quality of the merchandise.
In order, however, to obtain the best results and secure registration
at the earliest possible moment it is best that the mark should be
submitted to us in order that our experienced opinion may be given
as to the registrability of the mark and to enable us to make an
examination of the records of the Patent Office which is absolutely
necessary in order to determine whether or not the mark has been
previously registered to another.
The cost of this search is $5 and not only insures a clear report
as to registrability, but also saves many times its cost in other ways.
WHO MAY REGISTER
A trade-mark may be registered by any person, firm, corpora-
tion, or association domiciled in the United States, entitled to the
exclusive use of said mark and using the same in commerce between
the States, with foreign countries, or with Indian tribes. For the
purposes of the trade-mark, Porto Rico, the Philippines and all
other territory for the time being under the jurisdiction or control
of the United States are included as ‘‘States.”’
A trade-mark may also be registered by a person located in
any foreign country the government of which accords similar privi-
leges to citizens of the United States, provided registration is first
obtained in foreign country.
COST OF A TRADE-MARK
The total cost of preparing and prosecuting an application for
trade-mark registration before the primary examiner of trade-marks
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Page thirty
EVANS & COMPANY. TRADE-MARKS
VICTOR J.
EVANS & COMPANY, TRADE-MARKS
$500
in the Patent Office, is $60-00> of which $15.00 is the Govern-
ment fee, real fee, and $5.00 for drawing.
The present law is so far-reaching and complete in its
protection to lawful trade-mark owners that registration of a
trade symbol or mark will prove of value from a commercial
standpoint.
Persons desiring to know whether certain words or de-
vices can be registered should send us a copy or description
of the mark and a particular description of the goods on which
it is used, together with $5.00. We will then make a search
of the trade-mark records in the United States Patent Office,
and send a full report of the result of the examination.
Our fee for examination of trade-mark records and
report is $5.00.
It is wise to first determine the right to use a mark before
going to the expense of advertising or manufacturing the
article sought to be identified by the trade-mark.
INFORMATION NECESSARY TO PREPARE AN
APPLICATION FOR REGISTRATION
Name of the owner of the trade-mark; if the mark is
owned by an individual, give his nationality; if it is owned
by a firm, give the name and nationality of each member;
if it is owned by a corporation, give the name of the State
under the laws of which it was incorporated.
City, County and State in which owner resides.
Location of place of business of the owner (No. and St.).
The description of goods on which the mark has been
used.
The mode in which the same is applied or affixed to
the goods.
The date the mark was first used.
Whether the mark is used in interstate or foreign com-
merce, or with Indian tribes, and whether the mark is registered
in any foreign country, and if so, what country, and on what
date it was registered or registration applied for.
With this information, send us specimens of the trade-
mark as it is actually used.
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Page thirty-one
EVANS & COMPANY, TRADE-MARKS
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Page thirty-two
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OUR CHARGES
For preparing drawing of mark... .ccsccscssuceeneeeee $ 5.00
Government Fee icici occas nsdn susatbecantnectbesenat 15.00
For preparing and prosecuting an application 38.00
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When the trade-mark is of a complicated nature or
unusually fanciful, the cost of drawings will be increased
proportionately. Preliminary Investigation and Report $5.00.
ASSIGNMENT
The right to the use of a trade-mark is assignable in
writing along with the good will of a business, and such
assignment should be recorded in the Patent Office. We pre-
pare such assignments, the cost of preparation and recording
being $12.00.
If you desire—
To register a trade-mark,
To re-register under the present law,
To oppose registration,
To defend a client against such opposition,
To apply for the cancellation of registration or to
oppose such cancellation,
To sue for infringement or to defend a suit, we shall
be glad to place our services at your disposal.
VICTOR J. EVANS & COMPANY, TRADE-MARKS
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WHAT MAY BE REGISTERED
If you do not care, yourself, to be bothered with watching
the registrations applied for, we will do it for you and notify you
in time to oppose a registration which would do you injury.
Many applicants for trade-mark registration will wonder, upon
noting the many restrictions of the preceding section, what is left
for the manufacturer, but it may be stated that there are as many,
if not more, trade-marks registered at the present date than ever
before and not only does the English language afford many sugges-
tions and is capable of being twisted into arbitrary marks susceptible
of technical registration, but there are innumerable symbols and
devices available to give the prospective trade-mark registrant an
idea.
TERM OF A TRADE-MARK REGISTRATION
The registration of a trade-mark, not previously registered in
a foreign country, remains in force for a term of twenty years.
The same may be renewed by the registrant, his legal representa-
tives, or transferees of record for a like period, upon payment of
a new registration fee. When a trade-mark has been first regis-
tered in a foreign country, the United States certificate of registra-
tion shall cease to be in force on the day on which the foreign
trade-mark expires, but in no case will the United States trade-mark
remain in force more than twenty years unless renewed.
While the monopoly of use of a registered trade-mark covers
a period of twenty years, this monopoly, when the trade-mark
device is applied to a patented article, expires, or, in other words,
becomes public property with the cessation of the monopoly which
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VICTOR J. EVANS & COMPANY,
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The law also permits of marks with the exception of those which
contain immoral or scandalous matter, or the flag or coat of arms of
the United States, to be registered, if used in interstate or foreign
commerce and not registered to another. In other words, all marks
consisting of PROPER NAMES, SURNAMES, DESCRIPTIVE
WORDS or PHRASES, GEOGRAPHICAL NAMES or TERMS
MAY BE REGISTERED IN THE U. S. PATENT OFFICE.
Registrations under the Act of 1920 are not made by statute
prima facie evidence of ownership.
SCOPE OF A TRADE-MARK
A trade-mark need not be new or original, but it should be
new to the purpose to which it is applied. Thus a trade-mark for
“The Rising Sun,” applied to flour, would not prevent the registra-
tion of the same words as applied to stove polish.
Trade-mark protection can also be secured in foreign countries
for the following rates:
Great Britain... $ 65.00 Cuba ou $100.00
Canada (specific)... 75.00 Germany 75.00
Mexico 65.00 France 65.00
Prices for other foreign countries will be quoted on application.
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Page thirty-four
ANY people have a notion that a Copyright Law is intended for the
benefit of inventors and manufacturers and that a trade-mark, or even
sometimes a process or mechanism, can be protected by copyright. This
§]| is a mistaken idea. The Copyright Law is for the protection of purely
=a| literary or artistic productions and provides that any citizen of the
United States who is the author, designer or proprietor of any book, map, chart,
dramatic or musical composition, engraving, cut, print, or photograph or negative
thereof, or a painting, drawing, chromo, statuary, or models of designs intended to
be perfected as works of fine art, may obtain a copyright.
The Copyright Law is very broad in its application — covering practically
every means of conveying thought whether through the printed or spoken word,
pictures, photographs or art.
Few people realize the scope of the copyright laws and many valuable rights
have been lost from lack of their protection.
Books, pamphlets, periodicals, tables of information or statistics, maps, graphic
charts, poems, music, sermons, lectures, paintings, drawings, photographs—in fact
almost everything original may be protected by copyright.
Please note that before making application for a copyright, it is necessary that
the material to be copyrighted must actually be published with the copyright notice,
“Copyright, 19— by: *, appearing on the title page or under the title on every
copy. Application for copyright must then be filed promptly after publication.
In order to secure registration of copyright the following information is neces-
sary:
1. Name, address and nationality of claimant for copyright.
2. Name and Nationality of author.
3. Exact date on which matter was placed on sale or publicly distributed
with copyright notice.
4. Name and address of printer.
5. Name and address of firm that set type or made plates from which
matter was printed.
Name and address of binder, if the work is bound.
Name and address of its duly authorized representative, if the work or
matter is the property of a firm or corporation.
fie
Send with the above information two copies of the matter or production itself
(which must be filed with the application) together with the attorney’s fee of $15.00
which amount includes the Government filing fee.
All details of registration will then be attended to, and the copyright notice will
be sent to you as soon as issued.
Each number of a periodical requires a separate copyright.
The term of a copyright is twenty-eight years, and it may be renewed within
one year before the end of that time for a further term of twenty-eight years.
VICTOR J. EVANS & CO.
COPYRIGHTS Page thirty-five
mx] UR practice is not confined to the soliciting of patents, or to business be-
i
the United States courts.
y) fore the U. S. Patent Office; but includes litigation involving patents in
Many solicitors of patents are not members of the bar, and have no
facilities for aiding clients in infringement suits, or other matters requiring the
service of a lawyer. Our lawyers are prepared at all times to represent clients
before any United States Court, in suits involving patents, trade-marks, copy-
rights, or contracts affecting these subjects.
Interference contests in the Patent Office and appeals from the Commissioner
of Patents to the Court of Appeals of the District of Columbia also receive our
special attention.
The work of the Patent Office is divided among a number of divisions, each
in charge of a principal examiner, and a number of assistant examiners.
APPEALS
In prosecuting an application before the Patent
Office it is sometimes necessary to amend the claims
a number of times and present arguments setting
forth the novel points and stating reasons why the
case should be allowed. For prosecuting the case
as above we make no extra charge, as this expense
has been included in our original fee.
If, however, an application is finally rejected by
the principal examiner, the applicant has two higher
tribunals to which he may successively appeal, viz.:
A board consisting of seven examiners in chief, and
commonly known as the “Board of Appeals;” and
the U. S. Court of Customs and Patent Appeals.
A Government fee of $15.00 is charged for an
appeal to the Board of Appeals. Our charge for
preparing and arguing the appeal depends upon the
time and labor involved, and it is usually from
$50.00 upwards.
The last appeal, that from the decision of the
Board of the U. S. Court of Customs and Patent
Appeals, also involves the payment of a docket fee
of $15.00 and the cost of printing the record.
We never advise an appeal unless the chances of
success appear to be favorable.
RE-ISSUES
Patents are re-issued to cure some defect in the
original patent, and the defect which renders the
Page thirty-six
patent inoperative must have arisen through “inad-
vertence, accident, or mistake, and without fraudu-
lent or deceptive intention.”
The patentee is required to surrender his original
patent, and the re-issue, if granted, will be only for
the remainder or unexpired portion of the term of
the original patent.
The prosecution of re-issue applications requires
the utmost care and skill on the part of the attorney.
The re-issue of a patent to strengthen the claims is
at present extremely difficult. Inventors should
therefore avoid the necessity for re-issue by employ-
ing attorneys who have the necessary ability and
scientific legal knowledge to enable them to properly
prepare and prosecute the case before the Patent
Office. The Government fee for re-issue applications
is $30.00, and our fee depends upon the amount
of work involved.
PENDING AND REJECTED CASES
If you have an application pending which for any
reason has not been prosecuted to a finality, and you
wish to save the same from becoming abandoned,
write to us and we will forward you a power of at-
torney to sign. Upon the return of same, together
with $5.00, we will examine your case and report
to you what in our opinion can be done to get it
VICTORJ. EVANS&COMPANY,REGISTEREDPATENT ATTORNEYS
allowed. At the time of this report we will make
known what we would charge to take up the active
prosecution of the application. Inventors often
delay their cases after a rejection until they threaten
to become abandoned by lapse of time. Action in
such cases should be taken at once. Because one
attorney has failed to get an allowance is no reason
why we may not succeed. We make a specialty of
rejected cases. Let us look into the matter and re-
port to you.
RENEWAL OF FORFEITED CASES
After the allowance of an application, the appli-
cant is allowed six months’ time within which to
pay the final Government fee of $30.00. If he fails
to make this payment within the time allowed, the
application becomes forfeited, and can only be re-
newed by the payment of the first Government fee
of $30.00. This renewal may be effected any time
within one year after the allowance, by either the
inventor or assignee. We attend to such renewals.
Although an application may have become aban-
doned a valid patent can sometimes be procured by
filing a new application, provided the invention has
not been put in public use or on sale more than two
years prior to filing the new application, and has
not been abandoned. Our fees for handling aban-
doned cases are ordinarily the same as for original
applications.
INTERFERENCES
An “interference” is a proceeding instituted by
the Patent Office to determine the question of pri-
ority of invention between two or more inventors
whose inventions are alike. If two or more appli-
cations are pending at the same time, and embrace
substantially the same allowable claims, the Patent
Office will declare an interference of its own mo-
tion. Notices will then be given to the applicants
to take the evidence of witnesses touching the date
when the contestants first made the invention. The
case is argued by counsel and decided by the Patent
Office on the testimony submitted. The patent is
awarded to the first inventor. If, however, an ap-
plication is rejected by the Patent Office on refer-
ence to a patent granted less than two years prior to
applicant’s filing date, the applicant can secure an
interference with the patentee by filing a request to
that effect supported by an affidavit that he made
the invention before the filing date of the patent,
provided the applicant can and does make the claim
or claims of the patent. If the applicant cannot
make the claims of the patent but is able to estab-
lish priority of his invention by proper showing he
may obtain a patent.
In interference contests, testimony must be taken
in accordance with prescribed rules, and the services
of competent lawyers are indispensable.
The cost of an interference proceeding varies with
the circumstances of each case, and it is therefore
impossible to make an estimate in advance of the
expense of these contests. Our fees, however, are
moderate, and are based upon the time and labor
involved.
INFRINGEMENTS
Infringement consists in the use, sale or manu-
facture of a patented article without the consent of
the patentee or owner. The courts alone have juris-
diction over the question of infringement and the
Patent Office never attempts to decide this question.
There can be no infringement until the patent issues,
as it is the patent which is infringed and not the
invention. To infringe a patent the matter claimed
in the patent must be made, used or sold without
authority from the patentee. Our practice includes
the prosecution and defense of infringement suits in
the courts of the United States, and we give special
attention to the preparation of these cases as well as
to their presentation in court. We act as consult-
ing and associate counsel in infringement cases for
attorneys who are not specialists in patent law. In
this class of work our fees are always prearranged,
and necessarily depend upon the character of the
case and the time and labor involved.
OPINIONS
We are prepared to render legal opinions as to
infringement, scope and validity of patents based
upon exhaustive searches of the Patent Office records,
We also furnish legal advice and opinions upon
the many legal questions arising in connection with
patents. We will always show special favors to
our own clients and make charges to them to cover
only the actual cost of the work. We draw up
licenses, contracts and agreements, and all papers
connected with the sale of patents. Our practice is
not confined to the soliciting of patents but em-
braces the entire field of patent practice in the
Patent Office and the courts of the United States.
Before beginning a suit for infringement the com-
plaining party should have a thorough investigation
of the Patent Office records made and his patent
carefully examined to ascertain if he can sustain his
suit. This course should also be pursued by persons
who are threatened with a suit for infringement,
as it frequently happens that a party claiming dam-
ages for infringement does so simply to intimidate a
competitor. It is also our practice to advise persons
who intend to purchase a patent to first ascertain
if the seller has a good record title. The reason for
such advice is obvious. Patents involve property
rights just as much as real estate and the same care
and caution that is exercised in the purchase of such
property should also prevail in purchasing patents.
It is therefore our advice that before a patent is
bought the intending purchaser should procure an
abstract of title from the Patent Office, or have the
title examined by an expert. The cost of such an
examination, with the abstract of title, certified by
the Commissioner of Patents, is usually $15.00.
Page thirty-seven
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
JAW POINTS
PATENTABILITY
NEW combination of old elements which
produces new a result is a_ patentable
invention.
A change in the shape of an article which adapts
it to perform new functions is an invention.
The substitution of one material for another in
the construction of an article or machine does not
amount to a patentable invention unless a marked
difference in result is, effected, not due to the known
qualities of the substituted material.
A reconstruction of a machine so that a less
number of parts will perform all the functions of
the greater, may be invention of a high order, but
the omission of a part, with a corresponding omis-
sion in function, so that the retained parts do just
what they did before the combination, can not be
other than a mere matter of judgment, depending
upon whether it is desired to have the machine do
all or less than it did before.
LEGAL CONSTRUCTION OF
PATENTS
Patents are frequently declared invalid upon the
ground that the subject matter of the patent did not
require inventive thought, but merely the skill of
the mechanic. The line between “invention” and
“mechanical skill” is difficult to define, and when
the question arises the courts are guided by the
peculiar facts and circumstances of the case pre-
sented. Commercial value, as evidenced by the
favorable reception of the alleged invention by the
public, is always an important factor in this con-
nection.
A patent can not be set aside or invalidated by
proving that prior to the invention of the patentee
others had experienced in the same line. The
prior anticipating device must have been complete
and operative.
A patentee is bound by the claims he accepts
from the Patent Office. He is supposed to know
what his invention is, and to make claims of such
scope as will fully protect his invention. Courts
can not make a new specification, with claims
stronger or broader than the patent presents.
Claims are always construed by the courts in the
light of prior patents in the same line of invention
to which the claims relate, or, as it is commonly
called, in view of the “state of the art” prior to the
Page thirty-eight
date of the patent in question. If a patentee is a
pioneer in his line, his claims are entitled to a liberal
construction. If he is a mere improver, his claims
will be more strictly construed.
While a patentee is restricted to the terms of
his claims, his patent can not be evaded by substi-
tuting clear equivalent features of the patented
machine, as, for example, a weight for a spring.
Claims must be construed according to their terms
and where the import is plain, resort can not be had
to the specification for the purpose of enlarging
their scope.
INTERFERENCES
An interference is a contest instituted by the
Patent Office to determine the question of priority
of invention between two or more inventors whose
inventions are alike.
When two or more applications for patent con-
taining conflicting allowable claims are pending in
the Patent Office at the same time, the Patent
Office declares an “interference” of its own motion.
An interference between a pending application
and a patent already granted will be declared if the
claims conflict, and the applicant, after the rejection
of his application on reference to such patent, makes
oath that he made the invention in this country
prior to the filing date of the application upon which
the patent was granted.
In interference proceedings, the first applicant
is regarded as the senior party, and has the advan-
tage of requiring his adversary to take testimony
first.
The Patent Office has no power to annul a
patent after the grant. This can only be done by
some court of the United States. The Office may,
however, as the result of an interference proceed-
ing between a patentee and an applicant, grant a
second patent for the same invention to the appli-
cant, who may then have the first patent annulled
by court proceedings under the law.
Sketches or drawings of inventions, particularly
if dated and witnessed, are important as evidence in
case of an interference contest, and for this reason
it is wise for inventors to preserve them, as well as
models or patterns of their invention.
PATENT OFFICE PRACTICE
The Patent Office has jurisdiction of an applica-
tion for patent as long as it is “pending,” and may,
therefore, at any time before the actual delivery of
the patent withdraw an allowed application from
issue for the purpose of placing it in interference.
or of rejecting it upon a newly discovered reference.
Inventions of an injurious or fraudulent char-
acter such as those inventions which are against pub-
lic morals, as gambling devices, are denied protec-
tion by the Patent Office.
Under the rules of the Patent Office no new mat-
ter can be introduced in a pending application, and
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
no changes of construction can be made after
the application is filed. The reason for this prac-
tice is obvious, for if such changes were permis-
sible applicants could, after the rejection of their
cases, readily change or improve their inventions
to render them patentable.
Under the Patent Office practice only a single
invention can be included in one patent, and while
a patent might not be declared void by the courts
even though it might cover two independent in-
ventions, the Commissioner of Patents is vested
with discretionary power to require division in
certain cases.
Applications for patent must be prosecuted with
reasonable diligence, and if, after any rejection or
other official action, an applicant fails to respond
by amendment or argument within six months, the
application will become abandoned. The abandon-
ment of the application, however, does not involve
the abandonment of the invention, and a new
application can be subsequently filed.
The six months’ limitation does not mean that the
prosecution of an application must be completed
within six months, but six months’ time is allowed
after each action of the Patent Office. Thus an
application can be kept alive for a number of years.
This, however, is not encouraged by the Patent
Office.
In passing upon applications for patent, the
Patent Office does not consider the question of
infringement. That is to say, it frequently grants
patents for improvements on prior patents which
are within the terms of the claims of such prior
patents, but contain novel and patentable features
not disclosed in the latter. In such cases the latter
patent covers only the new or improved features,
and is subordinate to the broad claims of the prior
patent.
FOREIGN
Valid patents can not be obtained in most for-
eign countries after the issuance of a patent for
the invention in this country.
Valid patents may be obtained in Canada for
inventions patented in the United States if applied
for within one year after the filing date of the
United States application for patent and within
two years after public use or sale of the invention
in Canada with the consent or allowance of the
inventor thereof.
In most foreign countries letters-patent date
from the day of application, but in the United
States they bear date from the day of issue.
Under the patent laws of Canada, a patent
in that country may become forfeited for either
of two reasons, to-wit: First, if the patentee
should not, within two years from the date of
patent, manufacture the invention in Canada, and
afterward continue to manufacture in such manner
that any person desiring to use it may obtain or
have it made for him at a reasonable price; second,
if, after the expiration of twelve months from date
of patent, the patentee should import the patented
article into Canada.
IN GENERAL
State courts have no jurisdiction of patents,
exclusive jurisdiction thereof being vested in the
United States courts.
Citizens of foreign countries can claim patents
in the United States upon the same terms as our
own citizens.
Under the laws of the United States, a patentee
is not required to introduce his invention upon the
market or manufacture the same for sale.
It is the duty of patentees to mark patented
articles with the word “Patented,” together with
the day and year the patent was granted, or when,
from the nature of the article, this can not be done,
by affixing to it, or to a package containing the
article, a label containing a like notice. In case
of failure to do this, the patentee, in case of a
suit for infringement, can not recover damages
except by proof that the defendant was duly noti-
fied of the infringement and continued to infringe
after such notice.
There is no provision in the patent law for the
marking of articles “Patent applied for,” but the
custom is now well established, and while an in-
ventor has no actual protection and acquires no
exclusive right to his invention by simply filing
an application for patent, the notification to the
public of the filing of an application, conveyed in
the mark “Patent applied for” on articles of manu-
facture, is intended to deter others from the manu-
facture of such articles, and doubtless is more or
less effective in this respect.
Employers are not entitled to the inventions or
patents of an employee, unless there is a special
agreement to that effect; but where an employee
has made an invention and puts it into practical
use in his employer’s business, or permits the em-
ployer to build or use the machine, an implied
license is acquired by the employer to continue
the use of such machine.
The scope of the claim can not be enlarged by
language in other parts of the specification. A
patentee can not insist that his patent covers some-
thing not claimed, merely because it is found in
the drawings and description.
While a valid patent can not be obtained for
an invention which has been “in public use or on
sale” for more than two years prior to the filing
of the application for patent, a use which is merely
experimental, and does not amount to a public
disclosure or introduction of the invention, will
not bar a patent.
Page thirty-nine
Page forty
If the inventor is unable to meet the expense of
FOREIGN PATENTS
Our Facilities for Securing Foreign Patents
The great demand for American inventions in foreign countries
has caused the soliciting of foreign patents to rapidly increase, and
has induced us to devote special attention to this class of work.
We have established a special department for the soliciting of for-
eign patents, and have direct agencies in the capital cities of every
country giving patent or trade-mark protection, and our agents rank
among the best and most reliable in their respective countries. Our
facilities for obtaining foreign patents in the shortest possible time
are therefore unsurpassed. We make a specialty of this kind of
work, are thoroughly conversant with the patent laws of the differ-
ent countries, and give a high grade of service at the lowest possible
rates. The charges for securing patents in foreign countries have
been greatly reduced by us, as can be ascertained by comparing
our charges with those of other attorneys, the large volume of busi-
ness transacted through our offices enabling and justifying us in
making such reduction. We can save the inventor both time and
money, and patents can now be procured through us in most foreign
countries at a cost not exceeding that of a United States patent.
The facilities of cable, mail, and steamship communication are now
so great that patent business can be transacted between this country
and foreign countries with almost as much certainty as between the
States of the Union.
In nearly all foreign countries patents are granted the first
applicant, whether he be the first inventor or not. Thus, a delay
in filing foreign applications might enable unscrupulous persons
who may have a knowledge of the invention to secure patents
therefor abroad ahead of the inventor or his assignee.
protecting his invention in foreign countries, he -
should seek to interest someone who, for an interest, -
will pay the costs and share the profits.
SPECIAL OFFER
American inventors take out more
patents in Canada, England, Germany,
France and Belgium than in any other
countries. These five countries will secure to the inventor the ex-
clusive monopoly of his invention among one hundred forty-five
millions of the most enterprising and progressive people of the world.
When patents are ordered in all of these countries at the same time,
we make a special rate of $425-00 for them, which is a considerable
reduction from the rates FSi tor these countries separately.
The above quotation is exclusive of the Canadian final gov-
ernment fee.
By special arrangements with our foreign agents, we are able
to offer the above reduced rates when applications for these five
countries are filed at the same time.
WORKING AND TAXES REQUIRED
Most foreign countries require working, i.e..—manufacture
of the invention in the foreign country, and annually increasing
taxes are also due in most countries from the beginning of the
term or from the first, second or third year thereafter.
VICTOR J. EVANS & COMPANY 2#£
REGISTERED PATENT ATTORNEYS
.
Page forty-one
CHARGES FOR FOREIGN PATENTS
The cost of foreign patents, when the patents are
taken out separately, is as follows:
(Not including Annual Taxes)
Great Britain
France and Colonies
Germany
Austria
Italy .
Czecho-Slovakia
Belgium
Australia ....
Japan
IRI) cnccnvieieceneeces
Union of South Africa
Brazil
Argentine Republic (5 years)
Prices for other foreign countries will be quoted on application,
and special combination rates will also be quoted for two or more
countries. Complete list of countries and charges quoted on request;
also send for Foreign Patent Book.
VICTOR J. EVANS & COMPANY
\ REGISTERED PATENT ATTORNEYS
Page forty-two
VICTOR JV. EVANS &€ COMPANY, PATENT ATTORNEYS
OBTAINING ASSISTANCE FOR FOREIGN PATENTS
There is no reason to justify an inventor in donating a valuable
invention to the citizens of foreign countries in which the invention
would be valuable.
If the inventor is unable to meet the expense of protecting his
inventions in foreign countries, he should seek to interest some one
who, for an interest, will pay the costs and share the profits. This
plan is especially commended to those inventors whose means are
limited, since it enables them to secure foreign patents without bor-
rowing capital. Partnerships of this kind have, in many cases,
proved profitable to all concerned. A large number of our clients
have financial partners in their foreign cases. We will, upon re-
quest, forward to any one desiring us to prosecute their foreign
patent business, a form of agreement to be made with the parties
advancing the necessary funds to secure such patents. It is custom-
ary to give partners in foreign patents from one-fourth to a half
interest for paying the cost of the patents. This agreement should,
of course, mention the countries in which patents are to be applied
for. Ten dollars on account of each country should then be im-
mediately forwarded to us, on receipt of which we will prepare the
necessary papers and forward them to applicants for signature.
The papers should then be returned to us, with the balance of the
fees, and the cases will be filed in the respective countries. Patents
can be assigned in foreign countries the same as in the United
States.
HOW TO AVOID RECORDING ASSIGNMENTS IN
FOREIGN COUNTRIES
Owing to the fact that the patent is not necessarily granted to
the actual inventor in foreign countries, with the exception of
Canada, but to the first applicant, the inventor can have his assignee,
or partner, join with him in making application for the foreign
patent, thus saving the cost of assignments in the respective coun-
tries, which average at least $30 per country. Should the inventor
assign his foreign rights to a corporation, the corporation can make
application through its president or secretary or any other officer.
LIMIT FOR FILING FOREIGN APPLICATIONS
The law which went into force January |, 1898, enables in-
ventors to obtain foreign patents without impairing the validity or
shortening the term of their United States patent. The inventor
may, therefore, proceed at once to secure patents in foreign countries
Page forty-three
VICTOR J. EVANS &€ COMPANY, PATENT ATTORNEYS
Page forty-four
as soon as his American application is favorably acted on officially
and need not wait for his United States patent to issue.
To insure the validity of a foreign patent it is best to apply
for it before the issue of the American patent. In cases where the
twelve months have not expired from the date of filing the United
States application, valid patents may be obtained in foreign countries
after the patent issues here, under the provisions of the Interna-
tional Convention. A valid foreign patent can be obtained at any
time before the issuance of the United States patent. The following
important countries are in the International Convention:
Austria Holland
Australian Commonwealth Italy
Belgium Japan
Brazil Mexico
Cuba New Zealand
Norway
Denmark
Portugal
France S .
anto Domingo
Germany Spain
Switzerland Sweden
Great Britain Tunis
Valid patents can be secured in Canada, Union of South
Africa and India within one year of the date of issuance of patent.
Application can be filed in Norway within six months from date
of issue of patent. In Belgium, Italy, U. S. of Colombia, Argentine
Republic and Spain, patents can be secured at any time during the
life of the patent elsewhere.
If the inventor is not prepared to proceed with foreign patents
when his American patent is allowed, he can defer the payment of
the final Government fee for a period of six months in order that
the foreign cases can be prepared and filed.
INVENTIONS NOT PATENTED ABROAD BECOME PUBLIC
PROPERTY THERE
An invention must be patented in foreign countries to admit
of its successful promotion in those countries, because after issuance
in the United States it becomes public property in the countries where
patents are not procured. In the United States and Canada, the
patent is granted only to the actual inventor.
VICTOR J. EVANS
& COMPANY
PATENT ATTORNEYS
WASHINGTON, D. C.
MECHANICAL MOVEMENTS
Every mechanic or inventor should study to avoid
clumsiness in the construction of his model or machine
and so arrange the several parts as to produce the result
desired with the least number of parts possible. He
should, therefore, be very careful to select, as far as
possible, the simplest and best form of mechanical move-
ments. For this purpose we have compiled together in
a compact manner a large number of the most practical,
simple, and inexpensive mechanical movements such as
are most generally used in all classes of machines.
Among them the mechanic or the inventor may find at a
glance just such a movement as is best suited for his
purpose and may find the several parts best adapted for
any special combination of mechanism. On the follow-
ing pages will be found a brief description of the various
movements as numbered.
U.S. anp Foreicn
PATENTS
TrapE Marks
CopyricHTs
Page forty-five
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
Mae)
ZINN
1, Pulleys with a belt pass-
ing thereover.
2. The ordinary sliding
clutch and pinions.
3. Means for imparting a
jumping motion to a horizontal
arm. A cam secured to a cog-
wheel alternately lifts and
drops said arm.
4, Elliptical spur-gears for
WY
We
WZ
securing variable speed.
5. Beveled gears.
6. Means for imparting an
alternate rectilinear motion to
a rack-rod by a continuously
rotated mutilated gear.
7. Means for transmitting
motion from one shaft to an-
other, said shafts being in the
same plane but at right angles
to each other.
8. Pulleys for lifting
weights.
9. An eccentric upon a re-
volving shaft adapted to
impart a reciprocating move-
ment to a yoke strap.
10. Two forms of universal
joints.
11, Differential gears. The
inner and outer gears move in
opposite directions at different
speeds.
12. Different kinds of gear
for transmitting rotary motion
from one shaft to another
arranged obliquely thereto.
13. Means for imparting a
partial revolution to a ratchet-
wheel at the completion of
each revolution of the main
wheel.
14. A tilt hammer, The
wiper-wheel lifts the hammer
four times each revolution.
15. Means whereby a recip-
rocating rectilinear motion of
a vertical rod transmits an
intermittent circular motion to
a toothed wheel.
19. Gearing for transmitting a continuous rotary motion
to a vertical shaft from a horizontal shaft, by the alternate
revolution of gears upon said horizontal shaft. These gears
are loose upon their shaft, and have ratchets which are
engaged by pawls fixed to the shaft.
20, Means for transmitting rotary motion from one shaft
to another at right angles thereto.
Page forty-six
16. An ordinary _ sliding
clutch and pinions.
17. Sun and planet motion.
The outer gear is fixed to the
connecting link and moves
around the axis of the fly-
wheel.
18. Means whereby the re-
ciprocating motion of a jointed
rod produces an almost con-
tinuous rotary movement of
the ratchet-face wheel.
21. Multiple gearing. The triangular wheel drives the
large one.
22. A simple ore stamper or pulverizer. The plunger is
raised and dropped twice for each revolution of the shaft.
23. Variable rotary motion produced by uniform rotary
motion.
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
24. Ordinary crank motion.
25. Air pump; piston mo-
tion. The racks are moved in
opposite directions by the
revolution of the gear,
26. Crank motion. The
wrist-pin upon the disk works
within the slotted yoke.
27. Centrifugal governor for
steam engines, etc.
28. A lower fixed rack hav-
ing a gear mounted thereon
and meshing with an upper
movable rack. As the pitman
secured to the gear recipro-
cates said gear revolves and
imparts a movement to the
upper rack which is double
that of the gear.
29. Means for imparting a
reciprocating rectilinear mo-
tion to an upright rod by
rotating an upright shaft hav-
ing an oblique disk secured
thereto.
30. A heart-shaped groove
engaged by a lever is adapted
to impart an irregular swing-
ing motion to said lever.
31, A triple cam adapted
to lift the rod three times at
each revolution of the disk to
which said cam is secured.
32, Means for producing a
uniform reciprocating recti-
linear motion by the rotary
motion of a grooved cam.
33. A_carpenter’s bench-
clamp. By pressing a strip
against the crossed ends of
the dogs, the rounded heads
thereof will clamp said strip.
34. Means whereby a recip-
rocating motion is imparted
to a frame by a_continuously
rotating shaft. This shaft has
three wipers adapted to con-
tact with inwardly extending
arms within the frame.
35. Means whereby the ro-
tation of two spur gears hav-
ing crank wrists produces
variable alternating traverse of
a horizontal bar.
36. Means for converting
uniform circular motion into
alternating motion, Cams are
mounted upon a_ revolving
shaft and alternately lift and
drop levers to which are at-
tached rods.
37. An ellipsograph, By
attaching a pencil or other
instrument to the cross-bar
Each rack meshes with the reverse pinion for continual
motion of the shaft.
40. Metal shears. The arm of the moving blade is raised
and lowered by the revolution of the cam.
41. A vertically movable presser platen. This platen is
secured by a rod to a toothed sector pivoted within a frame
and which receives motion from a small pinion meshing
therewith.
42. Means for converting circular motion into variable
alternating rectilinear motion. A wrist-pin upon a revolv-
ing disk works within a slotted lever.
ellipses may be readily drawn.
Studs upon the bar engage
the grooves,
38. A fiddle drill. A Strap
is secured between the ends of
a bow and circles a shaft or
drill which is revolved by the
back and forth motion of the
bow.
39. Acrank substitute. Two
loose pinions with reverse
are attached to the shaft, with
pawls on the pinion ratchets.
43, Means for converting circular into rectilinear motion.
A waved wheel mounted upon a rotary shaft rocks a lever
upon its fulcrum.
44, “Lazy Tongs.” A system of crossed levers pivoted
together by which the amount of a rectilinear motion is
increased by the proportional number of sections in the
tongs.
45. A rack adapted to receive rectilinear motion by the
rotary motion of toothed wheels meshing therewith.
46. Means for converting reciprocating rectilinear motion
into intermittent circular motion.
Page forty-seven
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
a)
le
58. Ball and socket tube joint.
59. Toe and lifter for working puppet valves in steam
engines. The lower arm or toes is secured to a rock shaft
operated from the engine shaft and is adapted to raise and
lower the lift or upper arm which is secured to the valve rod.
60. A rotary engine. This engine has two abutments and
two inlet and exhaust ports.
61. A horsepower tread wheel. The horse is placed be-
low the shaft and between the spokes which are arranged
at the sides of the wheel.
62. A four-way cock.
Page forty-eight
47. Link motion for loco-
motives. The slotted link is
moved up and down over the
wrist pin block by the lever
and connecting rod; the lever,
locking in the tooth-bed sec-
tor, allowing for a close con-
nection to the valve stem by
a lever and short connecting
rod,
48. Valve motion and re-
versing gear. The slotted link
receives a rocking motion from
the eccentrics and rods, and
is thrown from its center
either way for forward or back
motion of the engine by the
lever secured thereto.
49, Safety stop for eleva-
tors. When the cable breaks,
the bow spring will force the
plungers secured to the bell-
crank levers outward into en-
gagement with the racks.
50. Mangle rack, guided by
rollers and driven by a lan-
tern half-pinion. The long
teeth in the rack act as guides
to insure a tooth mesh at the
ends of each motion.
51. Breast wheel, The pow-
er of this wheel equals about
40 per cent of the value of
the waterfall flowing through
the gate.
52. Single acting pumping
beam. Parallel motion is re-
ceived from a sector beam.
The cylinder is open and the
piston is lifted by the weight
liny of the pump rods on the
NITKO other end of the beam. Move-
eal N| Y) ment of the piston is reversed
ZY] ZY by atmospheric pressure.
ain ) } 53. A_ gyroscope or rota-
Gf LOZ scope. The outer ring is fixed
4) 9Z to a stand. The intermediate
CAN, SY ring is pivoted vertically
therein. The inner ring is
pivoted in the intermediate
ring at right angles thereto,
and the globe is pivoted at
right angles to the inner ring.
54. Wheel work used in the
base of a capstan. The cen-
tral gear is fast to the shaft.
The intermediate pinions are
loosely mounted upon a frame
secured to the drum. The
gear ratchet ring runs free on
the shaft.
55. Scroll gears. For in-
creasing or decreasing the
speed gradually during one
revolution.
56. Pantograph. For reduc-
ing or enlarging copies of
drawings. The free ends of
the arms are provided with
drawing instruments which are
adjustable. The point of con-
nection between the two in-
termediate arms is fixed.
57. Diagonal catch and
hand gear used in large blow-
ing pumping engines.
63. A swape, or New England sweep. The weighted end
of the pole overbalances the bucket so as to divide the
labor of lifting the water.
64. Ordinary screw propeller.
65, Chain pump.
66. Rotary engine, in its simplest form.
67. Hydraulic ram. The “Montgolfier” idea for a fountain
supplied by a water ram.
68. Means whereby rectilinear motion of variable velocity
is imparted to a vertical bar by turning a shaft having a
curved slotted arm thereto.
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
Rack and pinion movement for tracing spiral grooves
on a cylinder.
Right angle shaft coupling.
angle steel rods move freely in perforated guide flanges on
the ends of shafts that are arranged at right angles.
this manner motion may be imparted from one shaft to the
A number of right
84. Grooved friction gearing.
Revolving rapid blow hammer.
Rotary multi-cylinder engine. The cylinders revolve
69. Friction gear, Varia-
ble speed is obtained from
the pair of cone pulleys, one
of which is the driver. The
intermediate double faced
friction pinion is moved from
one end to the other of the
cones.
70, Barker wheel. The
reaction of the water escap-
ing from the tangential ori-
fices at the ends of the arms
under the pressure of the
waterhead in the hollow shaft
gives impulse to the wheel.
71. “Root” rotary blower.
The extended surface of the
periphery of the wheels al-
lows them to run loosely in
the shell without friction, and
with very small loss by air
leakage.
72. An elastic wheel hav-
ing a steel spring tire with
jointed spokes.
73. Globoid spiral gear
wheels. The revolution of the
globoid gear gives a variety
of differential motions to the
spur gear, as it swings be-
tween the limits practicable
with the globoid teeth.
74. Ratchet head with
spring pawls.
75. Means for transmitting
rotary motion to an oblique
shaft by means of contract-
ing drums having concave
faces.
76. A reversing movement
for a pump valve. The pis-
ton rod trip carries the ball
frame beyond the level, when
the ball rolls across and com-
pletes the valve throw.
77. Multiple speed gear in
line of shaft. The small in-
termediate gear is secured to
the small shaft. The central
intermediate gear is secured
to the large shaft, while the
large intermediate or end
gear is fixed to the bearing.
The side beveled pinions are
revolvable with the large
shaft. With this device speed
may be increased or de-
creased on a continuous line
of shafting according to the
relative number of teeth in
the different gears.
78. Toggle joint cam
movement, for throwing out
a number of grips at once,
by the movement of the
jointed ring within the disk.
79. Anchor escapement
for clocks.
80. Cam bar valve move-
ment. The horizontal move-
ment of the cam bar by the
bell crank lever alternately
moves the two valves.
81. Double acting lift and
force pump.
with the flywheel and the crank to which the pistons are
secured is eccentric thereto.
87. Pendulum water lift.
88. Means whereby rectilinear vibrating motion may be
imparted to a spindle having an endless worm gear, by a
spur-gear sector.
89. Mangle wheel with equal motion forward and re-
turn, The end of the shaft of the pinion is slidably
mounted within the groove and retains said pinion in mesh.
90. Tin-tooth wheel and pinion.
91. Disk shears.
Page forty-nine
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
92. Intermittent circular
motion of a ratchet wheel
with a check pawl by the
continuous circular motion of
a pawl wheel.
93. Ratchet intermittent
motion, by the operation of
treadles. Pawl levers and
pawls are operated through
connecting rods to levers or
treadles, the motion of which
is made uniform by the strap
and pulley attachment C.
\
Od
107. Multiple return grooved cylinder, producing ex-
tended rectilinear motion and return by its revolution.
The carrier arm has a pivoted tracer to enable a smooth
passage of the opposite grooves. A spooling device.
108. Rectilinear motion by a_-right- and left-hand screw
shaft driven by a worm gear. The nuts move on the right
and left screw.
109. Micrometer screw adjustment. The tangent arm is
made fast or loose on the shaft by the spring clip and
screw. Used mostly on theodolites and transit instruments.
110. Intermittent motion of a pin-tooth wheel by the
revolution of an indented tooth on a pinion.
111. Vibrating toothed wheel. The rod is pressed
against the teeth by the spring. A type of some electrical
devices for interrupting the circuit.
Page fifty
94, Rectilinear reciprocat-
ing motion of a bar, from
continuous circular motion
of a bent shaft.
95. Rocking motion from
a continuous rotary motion
of the crank shaft A.
96. Equalizing levers of
toes, for variable rod move-
ments.
97. Wabble saw for cut-
ting dovetail and rabbet
grooves.
98. Flexible angular cou-
pling for light work, May be
a helical spring, round or
square, wire or a tube, sawed
on a spiral. Used on driving
handles for telescopes and
other instruments.
99. Ball socket universal
joint. A ball with groves
cut entirely around it at
right angles. The tongued
shaft ends have straps ex-
tending entirely around the
ball to hold the joints to-
gether.
100. Combined ratchet
and hand feed gear. The hand
screw turns in the worm-gear
nut and may be used for
quick adjustment.
101. Spring Lathe-Wheel
Crank, The spring A is in-
tended to keep the crank off
the dead center. A counter-
balance weight is also used
for the same purpose.
102. Safety centrifugal
hooks. Hooks are retained
by springs until the centrifu-
gal force of excessive speed
throws them out to catch the
pins in the fixed plate.
103. Crank motion for
quick return of a lever. A
fulcrum of lever.
104. Reciprocated feed
ratchet. For an_ intermit-
tent feed, one pair of jaws
may have a_ reciprocating
motion. For continual feed
motion both pairs of jaws
should have opposite recip-
rocating motions.
105. Cam-lever grip for a
rope or rod stop. This prin-
ciple is used on safety grips
for elevators.
106. Double-screw toggle
press. The screw has a right-
and left-hand thread to draw
the toggle joints together.
112, Quadrangular rectilinear motion. Rectilinear mo-
tion to any one of the arms A, B, C, or D gives a contrary
motion to its opposite arm, and a contrary motion to each
of the side arms.
113. Parallel motion, in a vertical line, for a swinging
bracket.
114. Lever safety trip, for a throttle valve. The lever
L attached to a lanyard along the lines of machinery
enables instant stoppage of an engine in case of accident.
115. Needle-bar slot cam, for sewing-machines. The
depression in the pin slot gives the needle a stop motion
while the shuttle passes.
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS
116. Novel triple com-
122. Jump spark coil for gas and gasoline engin
iron wire core; P, primary coil; S, secondary co’
denser; D, spark breaker; A, battery; J, switch;
binding posts.
123, Flanged expansion joint. Used in pipe lines to take
up the change in length due to difference in temperature.
124. Power from wave motion. Various devices by the
rise and fall of a float which have been proposed for obtain-
ing power from the waves of the ocean for pumping or
other work.
125. Power from wave motion. A swinging blade an-
chored in various ways. Anchored floats and the motion
for two boats make a variety of applications, of wave
motion for useful effect.
126. Power from wave motion. Swinging motion from
the wash of waves near the shore by means of large
pound marine engine. The
novel features are the three-
part eccentric oscillating upon
the crank pin and upon each
of which a strap fixed to the
piston rod of each cylinder
slides in ways parallel with
each piston rod. The throw
of eccentrics and crank are
each equal to one-half the
piston stroke. The eccentrics
are at 90 degrees and 180
degrees, as shown at a. The
three piston valves are di-
rectly connected by rods to
thin strips on an angularly
mounted cylinder that slides
q on the shaft by the hand
Qosssssssensss} lever forward, stop, or mo-
iatnitaetrte tion, Pistol valves are used,
sok taking the steam in the mid-
SSS dle and exhausting at the
ends. The steam passes from
the first valve, through the
triangular space, between the
cylinders, to the next valve
chest.
117. Valve gear for ex-
losive motors. H, air inlet;
» air valve; G, gas or gaso-
line valve; f, air valve lever;
B, gas valve lever operated
from the cam at C; 0, ex-
haust; E, exhaust valve; e,
exhaust valve lever, operated
by cams at c.
118. Valve gear for a gas
engine. A simple device for
opening the exhaust valve of
a four-cycle motor. The ec-
centric gives the push rod a
forward stroke at each revo-
lution of the shaft. The
ratchet wheel C has a fric-
tion resistance with every
other tooth a shallow notch,
so as to hold up the lip of the
push rod at every second
revolution of the shaft and
make a miss-hit on the valve
rod, At the next revolution
the lip falls into a deep notch
and the push rod opens the
exhaust valve,
119, Gasoline atomizer, of
the constant feed type,
receiving tank; B, float; C,
counterweight and valve;
jet nozzle; H, air inlet; G,
perforated cone with ' air
regulating cap L.
120. Spring steam trap.
A differential expansion of
the spring itself causes it to
open with the water temper-
ature and close with steam
temperature. The spring is
made of two strips of metal,
the upper one of brass and
the lower one of steel, riveted
together,
121. Electric ignition plug,
for a gas or gasoline motor.
Electrodes of platinum; cop-
per spindle with collar; in-
sulation porcelain or lava
with mica disk between,
blades swung from a pier. The two cuts represent a single
and double acting transmission. .
127. “Boardman” rotary engine. A cylinder revolving
concentric with an outer segmental cylinder, with pockets
containing swing pistons that open by centrifugal action at
the steam inlet, make a steam abutment across the seg-
ment. The swing pistons are closed at the exhaust port
by contact with the small segment of the outer cylinder,
128. “Chapman” respirator or vacuum pump. A water
ejector in which the propelling power may be derived from
a faucet of any town waterworks, or a tank having a head
of seventeen feet, equal to one-half the static water-head of
a vacuum. Water enters at the conical end. There is an
elastic check valve in the branch tube or vacuum connec-
tion. It will produce a vacuum equal to the barometric
height, less the height due to the tension of the vapor of
water.
Page fifty-one
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
MECHANICAL MOVEMENTS—Continued
129, Expansion or anchor bolt. A wedge nut and split
sleeve pattern.
130. Double-ported nozzle and valve for impact water
wheels. In graduating the flow of water by closing one
nozzle the full velocity of the water jet may be retained and
the wheel operated at full speed with half the power.
The normal speed of wheels of the impact class is at
one-half the velocity of the water at their peripheries for
best effect.
131. Pneumatic disk puzzle. A light circular plate with
pin guides can only be lifted a small distance by an air jet
from the flanged tube. The theory is that the momentum
of the air as it suddenly spreads to a larger circumference
causes a partial vacuum near the outer edge, thus holding
the plates so near together that their circumferential area
corresponds with the area of the central jet.
132. Turning a square by circular motion. A device
150 years old. Not an economical device for square work,
but applicable for irregular and fluted work. Possibly the
original idea of the rose lathe.
133, Expanding wrench or chuck. One of the trian-
gular jaws is recessed to form an abutment for the adjust-
ing screws c, d, and two other jaws are slotted to pass
over the screws. The square can be varied in size to fit
various sizes of tap shanks or drill shanks when the device
is used as a chuck.
134, Potato-rasping machine. Used in the manufacture
of starch. a, hopper; b, barrel rasp; c, receptacle for pulp;
d, wooden buffer; e, setting screw; f, water jet.
The buffer is for adjusting the opening between the
rasping barrel and itself to insure a uniformly fine potato
pulp.
135. Breech-lock mechanism for firing large guns. A
rack moved by the lever meshing in a sector gear on the
breech block revolves the block one-sixth of a revolution,
when it is swung out of the breech and clear of the bore.
The handle near the pivot strikes the extractor lever, which
operates the shell extractor and draws the case. Seabury
system,
136. The breech block in front of the champer ready to
be pushed in and revolved to a lock position by a further
movement of the lever handle.
137. Trench brace. An up-to-date contractor’s appli-
ance for bracing trenches. The large handle nut and screw
give the brace great power, and the socket bearings accom-
modate the brace to irregular surfaces.
138. Pawl and ratchet jack.
139, Stopper for tubes utilizing two plates to force a
resilient rubber ring into close contact with the inner sur-
face of the tube.
> 0< e+
ELECTRICAL MOVEMENTS
1. Electrical Ratchet Movement.—The teeth of the ratchet
wheel L cooperates with the stationary dog K and the mov-
able dog D, the latter being pivotally connected to an arm
which has secured thereto an electro-magnet C, the mag-
netism of which cooperates with the magnetism of the per-
manent magnets L and S, Stops B and B are provided for
limiting the movement of the arm.
2, Electrical Bell—The magnets C and D are arranged
in series in electric circuit that terminates at the binding
posts B and E. The armature A of the electro-magnet has
secured thereto the hammer that strikes the gong and is
shown cooperating with a stationary contact H at which
point upon movement of the armature the circuit is inter-
mittently broken.
3. Wireless Telegraphy.—Long distance Marconi trans-
mitter when it is not required to concentrate the waves in
one direction. The small spheres D are connected by wires
C with the secondary terminals of an induction coil C and
one of them is also connected with the vertical wire W,
while the other is earth-connected. When the Morse key B
is depressed the coil is energized by the battery A and there-
fore as long as the key is operated a stream of sparks is
maintained between the spheres D for sending out waves.
4, Electrical Furnace.—The furnace consists of a fire-
brick casing A with a magnesia lining B. The shape is
conical and at the bottom the furnace is contracted to form
a hearth for the fused material. The tapping hole is at the
bottom of this contracted part. The lower electrode is a
carbon plate and the upper electrode a massive carbon rod
of circular section. The raw material is fed into the annular
space between the upper electrode and the magnesia lining
in sufficient quantity to enclose and smother the zone of
highest temperature.
5. Electrical Blow Pipe—A strong electro-magnet repels
the electric arc with such force that it may be used as a
blow pipe of high temperature.
6. Track Circuit—The well known track circuit com-
prising the electro-magnet S connected by a conductor E to
opposite rails of the trackway adjacent to end of the
Page fifty-two
block. Adjacent the opposite end of the block a battery A
is bridged across so as to normally keep the magnet S
energized for retracting the armature C, the latter being
arranged in the control circuit of the semaphore blade.
When the car wheels enter the block as indicated at B
current ceases to pass to the electro-magnet with the
result that the same will be de-energized and allow the
armature C to close the circuit.
7. Wireless Telephony.—A simple diagram showing the
basic idea of all modern wireless telephony. Current from
the generator A feeds the arc C that is disposed in the
magnetic field of the electro-magnets E that are arranged
in electric circuit B including the battery D and the trans-
mitter T. When sound waves impinge upon the diaphragm
of the transmitter the resistivity of the circuit B is varied
and simultaneously with this action the intensity of the
magnetic field is varied. As the intensity of the magnetic
field varies its action upon the are C varies with the result
that the are vibrates in unison with the vibration of the
diaphragm for giving out sounds identical with those spoken
into the transmitter.
8. Electric Horn.—The electric circuit of the magnet
is arranged to be broken at the binding post C when the
armature B is attracted. The de-energizing of the electro-
magnet A causes a rapid vibration of the diaphragm to
which the armature B is attached for giving audible signals.
9. Thermostatic Circuit Breaker.—Arranged in a circuit
C is a strip A composed of two strips of dissimilar material
having different coefficiency of expansion. This strip is
secured to a binding post D and bears upon the point F
of a second binding post E, both of which are secured to a
bracket B. As the temperature of the strip A rises due to
the passage of electric current the strips composing the
strips expand and as a result of their different coefficiency
of expansion the strip is given a bulged shape for spacing
one extremity away from the point F for breaking the
electric circuit.
10. Coherer.—This particular coherer consists of a small
VICTOR JV. EVANS & COMPANY, PATENT ATTORNEYS
glass tube about two and a
half millimeters in internal
diameter. Two silver plugs
are lightly fitted into this
tube, separated by a narrow
gap containing a mixture of
ninety-six parts of nickel and
four parts of silver not too
finely granulated and worked
up with the merest trace of
mercury. This powder must
A not pe parked. toe tight fe
Yy ss the action wi e irregular
WF and oversensitive to slight
_—— outside disturbances, and
vice versa if too loose.
11. Reflector for Wireless
Waves.—When it is desired
to send a beam of rays in
some definite direction the
spheres A arranged in the
secondary circuit of the wire-
less set are placed in the
focal line of a parabolic cyl-
indrical reflector B,
12. Ammeter.—T he at-
traction of a solenoid coil A
due to the passing of elec-
tric current draws the iron
core B within the coil against
the gravity of the core and
frame, the latter swinging
on a frictional bearing.
13. Electric Fan.—The fan
B is pivotally mounted and
has attached thereto a seg-
mental core A slidably mount-
ed within the solenoid C. The
circuits for the solenoids are
broken at the points D so
that upon oscillation of the
fan B the solenoids are al-
ternately energized.
14, Transformer.—L — L
main line from dynamo A
in which is arranged the
primary P wrapped upon one
limb of the iron core B. The
secondary for feeding the
lamp D is indicated at S.
15. Electrical Ratchet
movement.—The flexible iron
stirrup is fixed at the bot-
tom to the frame carrying
the ratchet wheel. The up-
per side carries a pivoted
pawl held to the ratchet
teeth by a light spring. An
and allowing the establishment of a permanent arc.
17. Detector.—Secured to a base of insulating material
is a pair of binding posts A and B, the former holding a
piece of mineral while the latter slidably receives a rod C
to which is permanently attached a spring D. One extrem-
ity of the spring D bears upon the mineral and by adjust-
ing the rod C this pressure can be increased.
18. X-Ray Tube.—Electrons from the concave electrode
B are focused upon the target C with the result that the
X-rays indicated by E are radiated through the tube D.
These rays penetrate all substances.
19. Magnetic Brake—The shoe D has connection with
a pair of links C that are in turn pivotally connected to
electric current passed
through the coils draws the
ends of the stirrup together
equal to the distance of a
single ratchet tooth.
16. Mercury Arc Lamp.
—The figure shows the nor-
mal position of the lamp in
which it will be seen that
the mercury C lies within the
pocket so as to be spaced from
the electrode D, Applying
pressure to the chain A causes
the tube to move about its
pivot for momentarily throw-
leaving the electrode D a small
arc is formed which generates
enough to vapor to reduce the
resistance through the tube
the armature F. This armature F is sfidably mounted
within a solenoid E, the magnetization of which forces the
shoe D in contact with the tread surface of the rail against
the tension of the spring.
20. Electric Pendulum.—Arranged between the poles of
the permanent magnet C is an electro-magnet A secured to
the lower extremities of a rod B pivotally connected to a
stationery support at its upper extremity. This rod B has
a connection with a switch D controlling the circuit in
which the battery E is arranged. Upon movement of the
arm B the switch A is actuated for reversing the flow of
current through the magnet A to change its polarity with
reference to the poles of the permanent magnet.
Page fifty-three
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
GAS ENGINES
SIMPLE GAS or GASOLINE ENGINE.—A, inlet
valve; E, exhaust valve; gasoline enters by gravity at
G, regulated by a faucet. Air enters at B by the suc-
tion of the piston, atomizing the gasoline as it drops
into the air chamber. The tube igniter is heated by
a gasoline burner beneath the bell mouth.
GASOLINE ENGINE VALVE GEAR—The centrifugal
action of the weights on the reducing gear operates a bell
crank that directs the exhaust push rod on or off the cam.
“Olim” model.
GAS ENGINE “UNION” MODEL.—A four-cycle motor with half-reduc-
ing gear; push-rod lever and two push-rods for governing charge and exhaust.
ELECTRIC POWER AND CONSTRUCTION
FOUR-POLE RING ARMATURE.—Showing intermediate connections with the commu-
tator bars from a continuous winding or closed coil.
N RING ARMATURE.—Method of continuous winding and sectional
connections with the commutator.
The dotted lines are the circuit connection with the brushes.
TWO-POLE or SHUTTLE-SPOOL ARMATURE.—Section of spool with end over wind-
ing; usually made of cast iron.
SHUTTLE ARMATURE.—Made with soft sheet-iron plates riveted together. The strongest
current armature for small two-pole generators.
Page fifty-four
VICTOR J. EVANS &€& COMPANY, PATENT ATTORNEYS
In the accompanying drawings—
Figure 1 represents a wheel involving a changing center of gravity principle.
Figure 2 illustrates a machine devised by the celebrated astronomer, James Ferguson, about 1770, for the purpose of showing the
fallacy of perpetual motion machines.
Figure 3 illustrates a form embodying the principles of the Archemedian screw. It comprises a lower and upper tank contain-
Tig (pater and connected by an inclined shaft encircled by a spiral pipe, to which is attached an impetus wheel operated by weights
or balls.
Figure 4 shows a form of perpetual motion often repeated in various ways. The idea is to generate steam in a boiler suffi-
cient to operate the dynamo, after which the dynamo generating current in circuit energizes the heat coil and maintains steam within
the boiler without the use of the burner, This form of motor is one advanced by many amateur clectricians.
Figure 5 represents a machine for constant motion invented by Colonel Kranach, of Hamburg, Germany.
tut Figure 6 seeks to take advantage of the property of certain bodies of a certain specific gravity to rise to the surface of such
juid.
Figure 7 is one of the oldest attempts in this direction, and is the idea that catches the novice more frequently than any other.
Figure 8 is an electrical self-moving device which is supposed to operate as follows: ‘The frictional electric machine A is
started by any means which energizes the magnet C and draws armature G to it. This breaks the circuit at IE, which demagnetizes the
magnet C and permits springs J to shift to armature G close to the circuit, which allows the magnet C to again draw armature G over
as soon as the crank B passes its dead center, which operation is supposed to be repeated perpetually.
PERPETUAL MOTION
Many persons are under the impression that a large sum of money has been offered for the solution of the problem of per-
petual motion. Not only has no such offer ever been made, but on the contrary the Patent Office refuses to grant patents on devices
of this character, and will not even consider an applicatiom for a patent claiming to solve this theory, 2
The history of the search for perpetual motion does not afford a single instance of success. While it is true that the possi-
bilities of the future cannot be foretold by man, nevertheless all power produced so far has been the mere transformation of one form
of energy to another form. ih on ch 7
We present herewith drawings of a few of the principal attempts to solve perpetual motion. The great similarity of machines
invented hundreds of years ago with those of recent origin will be readily apparent, carrying out the old adage that “There is
nothing new under the sun.”
Page fifty-five
VICTOR J. EVANS & COMPANY, PATENT ATTORNEYS
UNITED STATES CAPITOL BUILDING
CONTENTS
Page
Advantage of Having a Wash- Hints to Correspondents Our Service ..
ington Attorney 20 How to Obtain a Patent Our System ....
Assignment : How to Send Money Patent Office Pra
Caveats Abolished i Payment of Fees Install-
Charges for Foreign Patents 42 Introduetion eas Neate m he =
Charges for Trade-Mark Ap- a ‘
plication 32 sees i.
Copyrights a mae
Cost of Patent
Delays are Dangerous
Patent Matters 10 Our Branch Offices .
Satisfied Client, We Regard a 17
Electrical Movements ‘ Our New Building pe Selecting an Attorney
Electric Power and Construc- Specialization
tion 54 : Successful Patents
Evans, Victor J... a sees A ’
Extra Services Our Legal Service
Filing oh _epleaien, Mink Our new arly _eelladelphis,
mum Cost o ‘sbur; jicago = an is i
Foreign Patents .... ae San Franeiseo Offices ie Wishes is Apettentan
Gas Engines Our Opinion Filed Without Delay
Page fifty-six
W. F. ROBERTS 00. WASHINGTON D.C
GENERAL CHARGES
FOR FILING CASES IN U. S. PATENT OFFICE
(MINIMUM CHARGES)
Ov
UNITED STATES PATENTS— atten. Draw, Siting
Fee (1sheet) Fee
Mechanical Patent
Electrical Patent
Chemical Patent
Process Patent
Composition Patent
Patent for Medical Compound
(The final Government Fee of $30.00 is due at any time within
six months after allowance of patent in above cases.)
DESIGN PATENTS—
Three and a Half-Year Term . . . . $50 $5 $10
Seven-Year Tefm . . .. 3 » « « » 50 .5 -15
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Datel es we se we we we ee ee Ge Fee
Print
COPYRIGHT .
Appeal to the Board betty
PRELIMINARY WORK IN
INTERFERENCES
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Typewritten Copy of Specification idiione)
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Photographic Copies of Drawings fee set)
Printed Copies of Patents
->——-6<a——
Charges in Special Matters Quoted on Request
VICTOR J. EVANS & COMPANY
REGISTERED PATENT ATTORNEYS
Vel Ninth St Sw. WASHINGTON, D. C.
| MICTOR J.EVANS @ CO
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